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Self-rescue Behaviors

Posted on:2013-12-20Degree:MasterType:Thesis
Country:ChinaCandidate:F F LuFull Text:PDF
GTID:2246330377959486Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Self-rescue behaviors legitimate and thus negates the illegal behavior, nota statutory body of the self-rescue behavior of countries and regions, shouldit classified as a super-regulatory proper behavior.Indeed, the behavior of the criminal law of self-rescue, self-rescue behaviorthan the civil law, a more serious objective harm, for which some scholars onthe negative attitude of self-rescue behavior. But this is not the same as inany cause very serious extent the objective of damaging behavior Criminal LawBranch Office. Society quite theory is that self-rescue behavior is a kind ofcustoms, does not violate the social order at the same time do not violate ethicalnorms, not only restored the interests of the criminal violations also reflectsthe value orientation of the criminal law, self-rescue behavior should be theappropriate method for crime.In China, due to the self-rescue behavior is not a statutory proper behaviorin judicial practice, how to identify an act of this column is particularlyimportant, and reflect the basic functions of criminal law protection of humanrights. Text by discussed the establishment of conditions for self-rescuebehavior with a similar self-defense, the emergency and courageous phasedifference, then the improper self-rescue and self-rescue form of behavior, aswell as its legal responsibility to sort out, so that self-rescue behavior bemore systematic and comprehensive presentation.
Keywords/Search Tags:Proper behavior, Extra Legal, Self-rescue behavior
PDF Full Text Request
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