Self-defense Theory (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. This book conducts an in-depth and detailed study of the justifiable defense system, based on China's criminal legislation and judicial practices regarding justifiable defense. Building upon a narrative and revelation of the history, concept, and nature of justifiable defense, the author systematically discusses its composition, especially analyzing the necessary limits of justifiable defense in conjunction with specific cases, providing a theoretical basis for judicial authorities to correctly distinguish between justifiable defense and excessive defense. Due to significant revisions made to the 1979 Criminal Law regarding justifiable defense in the 1997 Criminal Law revision, including the addition of the provision for "unreasonable defense," in the second edition of this book, in addition to appropriately revising relevant content in the main text according to the 1997 Criminal Law, the author also wrote a special postscript titled "The Institutional Evolution of Justifiable Defense: From the 1979 Criminal Law to the 1997 Criminal Law—An Analysis with Case Studies as a Guide," to help readers understand the legislative evolution of the justifiable defense system.