Self-Defense Theory - China Contemporary Legal Scholars' Library (Second Edition)

Author: Chen Xingliang
Publisher:
Publish Date: 2006-10-01
Features: Justifiable defense is an important system in China's criminal law, aimed at encouraging citizens to act bravely in the face of injustice and fight against unlawful acts. Based on China's criminal legislation and judicial practices regarding justifiable defense, this book conducts an in-depth and meticulous study of the system. In this book, the author first narrates and reveals the evolution, concept, and nature of justifiable defense, and then systematically discusses its constitutive elements. Particularly by combining specific cases, the author analyzes the necessary limits of justifiable defense, providing a theoretical basis for judicial authorities to correctly distinguish between justifiable defense and excessive defense. Since the 1997 Criminal Law revision made significant amendments to the provisions on justifiable defense in the 1979 Criminal Law, including the addition of the concept of "unreasonable defense," in the second edition of this book, in addition to appropriately revising the relevant content in the main text according to the 1997 Criminal Law, the author also wrote a special postscript titled "The Institutional Transformation of Justifiable Defense: From the 1979 Criminal Law to the 1997 Criminal Law—An Analysis Based on Individual Cases," to help readers understand the legislative evolution of the justifiable defense system.