The Duty of Retreat in Self-defense Law

Abstract

It is diffi cult in determination of self-defense that Whether the defenders have the duty of retreat in the face of the unlawful infringement which can be avoided. The continental theory stands that defenders do not have to retreat, and China takes a similar position. In the history of Anglo-American law, the principle was the obligation of affi rmative withdrawal. The SYG bill passed by several U.S. states since 2005 totally denies the retreat duty in defense, but the SYG bill faces controversy due to the 2013 trial of Trayvon Martin in Virginia. Based on the social effect of case law, the American academic research on the duty of retreat in self-defense is to investigate the infl uence of different positions on social security. In our judicial practice, self-defense has a results-only situation, which limits the authorized defense right. However, the recognition of self-defense should not be overcorrected and go to the other extreme. The defender who uses the fatal defense means should be obliged to retreat. Under the premise of the possibility of retreat, the principle of balancing and proportion of legal interests restricts the establishment of self-defense.