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Comparing Research On The System Of Necessity

Posted on:2007-06-24Degree:MasterType:Thesis
Country:ChinaCandidate:X R GuanFull Text:PDF
GTID:2166360185493898Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
According to the criminal law theory of our nation, the act of rescue is the act done by necessity to prevent the national interest, public interest, personal, property and other rights of principal and others from the occurrent danger. And the damage inflicted by way of necessity should be lighter than the damage which may have resulted from the danger prevented. The act of rescue is stipulated in the criminal law of each country in modern times, however, there are disputes in law on the act of rescue in theory and practice of judicatory. So it's very important to research it. Firstly, in our nation, the act of rescue is be deemed to the act of removing damage. But according to the theory, some questions are can not be explained rationally. Therefore, on the legitimate evidence of the act of rescue, the feasible theory is that we should take the probability of anticipation as principle and take the balance of legal interests as supplement. But we must pay attention to this question that before applying the probability of anticipation we should rebuild it so as to accord with our theory system. Secondly, on the condition of the act of rescue, there are some important questions. For example, whether damage could be caused by the person who takes an act of rescue, whether the damage inflicted by way of necessity could be equal to the damage which may have resulted from the danger prevented, and whether we could protect ourselves by the sacrifice of the life of another person. Thirdly, we should make a distinction between an act of rescue and improper act of rescue or imaginative necessity. Lastly, analyzing the system of the act of rescue of our nation, there are some flaws that should be perfected by the lawmakers.
Keywords/Search Tags:criminal law, necessity, legitimate evidence, possibility of anticipation, balance of legal interests
PDF Full Text Request
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