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On The Defensive Error

Posted on:2010-10-27Degree:MasterType:Thesis
Country:ChinaCandidate:C BianFull Text:PDF
GTID:2206360302958747Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Defends the wrong question, although has the elaboration early theoretically in the criminal law, but actually does not have the concrete theory basis in the judicial practice, this caused in the judicature to deal with this issue the confusion. This article take the criminal law in the wrong classification as a breakthrough point, has carried on the new classification wrongly to the defense, and through classified theoretically to the judicial practice in deals with the defense wrong issue to provide the basis.This article is divided three chapters. The first chapter elaborated the defense mistake in each legal system concrete classification. First from the criminal law the wrong concept, the characteristic, the classification analyzes the defense wrong concrete ownership, through the wrong concept and the characteristic obtains the defense wrong scientific concept and the classification to the criminal law. The second chapter elaborated the defense wrong type and processing.The author to defended the wrong concrete type to carry on the division, Is divided into imaginary concrete defense, the defense time error, the third party defense, health and the limits of error, the imaginary limits of defensive mistakes in the defense of the five cases,and according to these two kind of different shapes, analyzed the respective characteristic, thus the correct processing defense has indicated the clear theory basis wrongly for the judicature.The third chapter proposed to defends the wrong legislative consummation. According to the front analysis, in view of the defense wrong five different types, proposed specifically processes these different type defense wrong legislation basis. Specifically, the existing criminal law in the general chapter of self-defense to add a defensive error on the specific provisions of the fourth paragraph to make up for the provisions of the existing lack of self-defense.
Keywords/Search Tags:Defense mistake, Imaginary defense, Defense time, Defense limit, Defends the third party
PDF Full Text Request
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