关于张某故意伤害案中无限防卫权的案例分析-法律·刑法专业论文.docx

AbstractFor Abstract For a long itme，in our trial of criminal cases and criminal cases around the world，self-defense system has been used at a high frequency．It is beneficial to protect the rights of criminal suspects．But in real life，there has a similar case which has not been carried out at self-defense system，it has been a deep violation—of criminal suspects rights．Since 97 year new criminal law releasing，the 20th third article of stipulation in the academic circle causes the enormous dispute，what this article of stipulation is the infinite defense power special defense power,does not have an explicit definition．However these cases should be applicable for self-defense or intentional crime，or be applicable for unlimited defense right that attracted extensive academic disscussion．With the continuous improvement and development of the law,unlimited fight of defense system should be a national legislation of the positive view has become the development trend of such cases． This funds’releasing，is a new criminal law big characteristic．The country stipulates the infinite defense power through the explicit legislation．Our country in profits from various countries in the criminal law foundation，simultaneously unifies our country concrete social environment and the legislative environment，embarks actually fully from our country,SO that this funds releasing．Protects victim’S personal rights through the concrete legislation．A more effective protection and the stable social environment，Can effective encourage the citizen bravely to wage the struggle with the petty crime behavior,the attack criminal offenders rampant arrogance．This paper starts from how to defined the scope of unlimited defense right，through the elaboration of one criminal case，combinated the China’S current outcome of the trial of such cases，expounded the necessity and urgency of China’S legislation on the unlimited right．This article cites the case of China’S legislation in the right of such backwardness，