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Self-defense Of Judicial Determination

Posted on:2012-07-05Degree:MasterType:Thesis
Country:ChinaCandidate:T TangFull Text:PDF
GTID:2216330368994076Subject:Law
Abstract/Summary:PDF Full Text Request
Self-defense is a countermeasure that involves protecting national and public interests and defending oneself, one's property or the well-being of another from physical harm. The use of the right of self-defense as a legal justification for the use of force in times of danger is available in many jurisdictions, but the interpretation varies widely. To be acquitted of any kind of physical harm-related crime (such as assault and battery and homicide) using the self-defense justification, one must prove legal provocation, meaning that one must prove that they were in a position where not using self-defense would most likely lead to death, serious injuries and property damage.Self-defense characterizes the most important and scientific nature of criminal law theory, as intrusive to personal autonomy and, in particular, argues that the right of self-defense from coercion (including violence) is a fundamental human right in Criminal Law Theory in Civil Law System. But it is regarded as an action of elimination of the social hazard and compensation for the damage in China.Self-defense is the law gives citizens in the country, the public interest, he or another person, property and other rights are illegal violations of proper conduct will be taken in order to avoid its abuse, its applicable provisions of the strict conditions. However the implementation of every special case is complicate, so the work of judicial practice's value especially lies in the application of the abstract rules to specific cases by the judge in light of the red life and case facts. But the Self-defense Rules had its defect in that the definition was vague that arouses much controversy.In this paper, along with the robbery case of.Deng in Guangzhou and the crash case followed by robbery, all the analysis..of.the..case were applied.to..the special ..efense.prerequisite.conditions,.conditions and limits of.self-defense Self-defense.made a tentative time forconditions.to explore and research, at the same time, it is also social justice and evil battle between people concentrated expression. And today for the courageous that encourage, support, recognition and sponsorship, but also the building of socialist spiritual civilization Ran to become an indispensable element. Therefore, we should have a correct understanding of self-defense in order to correctly apply in real life to safeguard their legitimate rights and interests.
Keywords/Search Tags:self-defense, special self-defense, limit conditions, time conditions
PDF Full Text Request
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