my country’s ancient defense system has a long history, and can even be traced back to the Shang and Zhou dynasties. "Shang Shu. There is a record of "forgiveness for disasters" in "Shundian", which is recognized as the earliest record of legitimate defense in ancient my country. "皚" here refers to ordinary mistakes: "disaster" refers to disasters and misfortunes: "四" means to alleviate or forgive; "pardon" means not to forgive or reduce the crime. The meaning of this sentence is that encountering injustice and avoiding current dangers are all misfortunes, and those who commit criminal crimes due to misfortune should also be forgiven. This sentence reflects the legitimate defense of the hazy state, which also contains the awareness of unlimited defense. In the relevant legal classics of ancient my country, there are also provisions on unlimited defense. According to "Zhou Rites." Qiuguan. "Court Scholars" states: "Anyone who robs his army, his hometown, or his family will be killed without guilt." "Yishu Original Case" explains: "If thieves come to rob a mid-level military city and steal their property and family members, they are not guilty of killing them at the time." Lynchings were prevalent during the Spring and Autumn Period and the Warring States Period, and the state allowed registered revenge, such as in the Rites of Zhou. Qiuguan. "Courtesy": "Anyone who takes revenge is written to the scholar, killing the innocent (guilty), but the conditions for revenge are restricted:" The father is not punished, but the son can take revenge. The father is punished and the son takes revenge. This is the way to push the sword forward. "Whether parents have committed capital crimes is used as a condition for restricting revenge. Allowing registered revenge means that there is no restriction on the right to defense. In addition, when disasters are faced with defending against thieves, especially robbers, ancient Chinese law also grants defense People have unlimited rights to defend themselves. For example, "Zhou Li, Qiu Guan, Chao Shi" stipulates: "Anyone who steals from his hometown or his family is not guilty of murder." "In ancient China, those who violently infringed on other people's property and personal safety were regarded as thieves. Because thieves often "started in haste, and those who did not kill would be injured by others." Therefore, it was stipulated that in the face of thieves roaming the countryside, guard against killing. This also gives the defender unlimited rights of defense. In feudal society, the law's provisions on legitimate defense were more detailed, extensive and systematic. "If someone gets into a house, a car or a boat, and pulls someone who wants to break the law, he will be killed immediately. He is not guilty." This means that anyone who enters a house, house, house, house, car, boat, or any other place of residence without the owner's consent without justifiable reasons, violates the law. Those who were free were not guilty of being beaten to death at that time. However, the "Tang Code", which is the culmination of my country's feudal laws, stipulates that "anyone who enters another person's house at night without any reason will be flogged forty; if the master kills him immediately, no one will be punished". This provision can be said to be a clear example of exercising the right of non-excessive defense in the history of our ancient legal system. In addition, the Tang Law specifically states that people who enter a house at night but are obviously incapable of infringement are not allowed to perform legitimate defense, otherwise they will be held responsible. Legal responsibility: "Knowing that they are astray, drunk or disorderly, young or old, sick or women, they shall not be violated. "The Tang Code's provisions on legitimate defense are specific and complete. Although it advocates unlimited defense, it has the budding idea of ??limiting the right to defense. It has had a significant impact on the legislation of all dynasties since the Tang Dynasty in my country.

Ancient Chinese law not only granted the right of non-exculpatory defense to those who "justly killed someone" and fought against "thieves", but also allowed women and their families to exercise the right to defend themselves against rape. For example: In "Zuo Zhuan" stipulates that a husband is not guilty of killing a criminal who attempts to rape his wife, and the criminal's family is not allowed to take revenge. In the Yuan Dynasty, "a husband who has raped his wife and the wife is arrested is not guilty of murder." The Qing Dynasty's "Qing Dynasty" precedent. Zhang Chuanshan's "Judgment of Resisting Rape and Murder" contained in "The Sentences of Famous Officials" is a typical precedent on the non-excessive right of defense regarding the non-criminal responsibility of women who resist rape and murder.