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Self-defense Jurisprudence Explained

Posted on:2012-01-28Degree:MasterType:Thesis
Country:ChinaCandidate:X D JinFull Text:PDF
GTID:2216330368494369Subject:Law
Abstract/Summary:PDF Full Text Request
As we all know, Justifiable defense was a kind of system for long time ago. But, the first time we seem Justifiable defense as a kind of legal system when 1791 after French penal. The Real sense of justifiable defense is the product of natural rights theory which espoused by the 18th century enlightenment thinker. Justifiable defense system experienced an infinite defense, limited defense, restricted infinite defense and now the defense which the risk subjective and objective both shares. Defense in special circumstances is protected by the criminal law, because it harmless to society in china and other countries, the purpose is to keep the interests of the state and the public, or others'individual rights, rights of property from injuring by on-going infringement, encourage citizens fight against the on-going unlawful infringement, awe or stop criminals in order to make legitimate rights are protected. Stipulate much stricter legal conditions from intentions, cause, object, time, limit, etc, which decided this system is reasonable and legitimate. The Justifiable defense has an important position in the crime evaluation. However, the case is complicated in the actual circumstances, how to affirm the behavior are justifiable defense, how to determine guilty, how to make the positive significance of justifiable defense system in maximum, all these are needed to research and analysis in practice case. This is the purpose of this article.
Keywords/Search Tags:Justifiable defense, Infinite defense right, over-defense
PDF Full Text Request
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