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This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License
Article
Justifiable Self-defense in the People’s Republic of China and in the United States
Author(s)
Charles E. MacLean
YE Chengfang
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DOI:10.17265/1548-6605/2023.04.003
Affiliation(s)
Metro State University, Saint Paul, USA
University of Wisconsin-Eau Claire, Eau Claire, USA
Beijing Youth Politics College, Beijing, China
ABSTRACT
Legal principles regarding justifiable self-defense in the People’s Republic of China and in the United States paint very different legal landscapes. In China, there is a single, over-arching, national set of self-defense principles largely identically applied and interpreted in all provinces. Evolution of self-defense in China is, as a result, much easier to design and impose with one set of decision-makers monolithically setting the contours of Chinese self-defense from border to border. In the United States, the federalist criminal justice system is characterized by a federal sovereign, 50 states, and the District of Columbia. Each of those jurisdictions marches to its own drummer, thereby giving life to individual, local, and provincial problems and preferences within the broad contours compelled by the United States Constitution. The United States self-defense tapestry is described herein as a crazy quilt. This article summarizes legal self-defense principles in each country and derives from those disparate approaches several key lessons from which decision-makers in both countries and elsewhere could benefit.
KEYWORDS
self-defense, comparative law, imperfect self-defense
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