Do Not Let Justice Be Absent: Enlightenment from Canada for China in Determining Self-defence Cases
Created on:2023-06-29 22:29 PV:562
By HUANG Junjun | Article | 15 Tsinghua China L. Rev. (2023)   |   Download Full Article PDF


This research analyzes the current situation and challenges of determining self-defence cases in China, and it indicates that the future direction shall focus on reasonableness and circumstances. The article proposes detailed measures for the Chinese decision-makers from the perspectives of Canadian laws and courts in conjunction with the realities of China. The Chinese decision-makers can employ reasonableness and circumstance assessment to evaluate the accused’s belief and the primary purpose of the response. They can also determine the cause and the timing of self-defence with imminence and necessity, breaking the fixed mindset of assessing the commencement and termination of the unlawful force.


Keywords: self-defence, China, Canada, criminal justice, determination.