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Study On The Necessity

Posted on:2005-03-28Degree:MasterType:Thesis
Country:ChinaCandidate:Y F LiFull Text:PDF
GTID:2156360125456199Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
This essay will discuss three problems. Firstly, we will talk about three aspects about the essential elements of necessity. The first one is the limit of necessity. Generally, the damage caused by necessity should be less than the damage to be avoided, but in special conditions, the former can be equal to the latter; The second one is about whether one can sacrifice others' life in order to save his own life. The regulation of banning it is lack of probability of anticipation, and the law mustn't force people to do what they can't do. What's more, we can't ascend the request of morality to the rules of law. So it's fair to admit that one can sacrifice others' life to rescue his own life in urgency; The third one is about the emergency action of the people with special status. In general, these people can't take refuge in order to avoid their hazard, but in special conditions, they can put necessity into effect so that they can avoid the hazard of themselves or other people. Secondly, we will talk about two problems about the determination of necessity. The first one is about whether one can carry out necessity to avoid the hazard caused by themselves. If only the person has the intention of avoiding the dangerous states and has no other choices, he can carry out necessity even if the dangerous states are caused by himself; The second one is about the determination of the anti-action to the attack from animals. We deal with several different conditions. Finally, we discuss the relationship between the necessity and the conflict of obligations. We pay emphasis on the similarity and the differences between them.
Keywords/Search Tags:necessity, limitation, probability of anticipation, hazard caused by oneself, conflict of obligations
PDF Full Text Request
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