The Castle Doctrine of Self-Defense in Dwellings: Legal Doctrines and Applications

The imminence and necessity requirements are common conundrums in the adjudication of self-defense, both of which are prominently manifested in the context of defense within dwellings. The Castle Doctrine is a doctrinal achievement that addresses these two issues. Originating from the Anglo-American legal system, the Castle Doctrine had the broadest defensive right in the common law period, but was progressively limited in the statute period, yet both phases pertain to the interpretation of criminal law rather than its amendment. The Castle Doctrine is also reflected in the cases in China, and while drawing from it, we should distill indigenous expressions within the context of Chinese law. In terms of legal doctrines, the “reasonable belief” of the Castle Doctrine is equivalent to the “ordinary person standard” in China. In specific application, the imminence requirement for self-defense is satisfied upon an illegal entry into the dwelling, while the necessity requirement for the use of deadly force is met when the occupants' personal safety is threatened with serious violence.