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On The Case Of Zhang Jian Committing Death In Resistance To Violent Demolition

Posted on:2012-08-14Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y CengFull Text:PDF
GTID:2166330335470326Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Real estate industry has blossomed into a dominant power to push the economic development in China since the employment of the Reform of Residents'Housing, in 1998. The development of real estate brings so enormous benefit that some companies take act of violence during the process of demolition. Consequently, Real estate industry comes with a series of cases of violent demolition. The cases of Zhang Jian attract public attentions because Zhang Jian is not sentenced to the extreme penalty even though he killed one of demolition contractors. Adjudication of this case first claims that owners have the justifiable right to resist violent demolition.In terms of theories of Criminal Law, this paper, in the first place, analyses the nature of Zhang Jian's action. Secondly, the present author discusses whether Zhang Jian's defense is justifiable or excessive by comparing the consequence of his action with his subjective motives. Then according to discussing above, the present author continues to discuss whether the charge and penalty for Zhang Jian are just or not. Finally, the present author tracks the root of violent demolition and stresses the social justice by comprehensively evaluate the whole case.
Keywords/Search Tags:violent demolition, justifiable defense, excessive defense, intentional injury, probation
PDF Full Text Request
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