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Xiemou Over - Defense Case Analysis

Posted on:2014-11-14Degree:MasterType:Thesis
Country:ChinaCandidate:X D LiFull Text:PDF
GTID:2266330425483038Subject:Law
Abstract/Summary:PDF Full Text Request
The act of defense limit conditions have been the focus of the criminal lawtheorists dispute, although the1997Criminal Law on justifiable defense made a greatchange, from a certain extent eased the limit condition, and increase the unlimited rightof defense system,however, the new defense system in the limit condition andtheproblem of infinite defense right is still in the theoretical circles very controversial,that the defense case is still the judiciary complex problem in practice.In this paper,Xiemou overdefense case, for example, in a series ofquestions, to solve the problem, theproblem, the justifiable defenseand excessive defense concepts and relationships whenthe problemin the form of case, analysis on the limit theory and define thedefinitionmethod, demonstrates the defense too subjective offenceand defense when theconviction and sentencing issues when, in the comprehensive analysis of Japan and ourcountry criminal law theoryof the mainstream view, that the necessary limits ofjustifiable defense should be studied from three aspects of strength, speed andinfringedthe legal interestanalysis of the various views on the subjective fault form over defensepost, think over defense in the subjective generally should be indirect intention, but doesnot rule out the possibility the overconfident negligence.
Keywords/Search Tags:Justifiable defense, legitimate defense, over defense limit condition, unlimited defense right
PDF Full Text Request
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