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On The Necessity

Posted on:2010-11-07Degree:MasterType:Thesis
Country:ChinaCandidate:F F ZhangFull Text:PDF
GTID:2166360275956676Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Necessity is the action that in order to put the country,the public interest,and the person himself or others out of danger,when the actor have no option,and invade another person's rights in necessary limit,as the application of the maxim that Necessitas non habet legem,necessity is one of important way to prevent illegitimacy in the penal code of many countries' law.In addition to the preceding paragraph and epilogue,this assay includes four sections:Partâ… :The overview of necessity.This section includes the comparison of legislations,the analysis of the conception,and the discussion about the nature of necessity.and the classification of necessity.Partâ…¡:The essential elements of necessity.This section includes the seven conditions of the essential elements of necessity,such as,the subject of necessity,the limit of necessity and so on,if the condition is lacking the necessity will evolve to necessity illusion or other cases which is probably a crime.Partâ…¢:The distinguishing between necessity and related notions.This section includes the comparison between the necessity and the excess of necessity,the comparison between the necessity and the justifiable defense.Partâ…£:The perfection of country's legislations about necessity.In this section we take a compare between our country's necessity and other country's.And give advice at the perfection of legislations.
Keywords/Search Tags:necessity, preventive responsibility, self- caused danger
PDF Full Text Request
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