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Mr. Han Defended When Case Studies

Posted on:2014-03-16Degree:MasterType:Thesis
Country:ChinaCandidate:Q F CongFull Text:PDF
GTID:2266330425483145Subject:Law
Abstract/Summary:PDF Full Text Request
In modern legal system society, the justifiable defense power is an important rightwhich the country entrusts the citizens through the law. Self-defense is a means ofself-help by which a civics can achieve his droit, it’s usually an important part and focusof Criminal Law. In judicial practice, only when we fully understand the theoreticalbasis and the legal status of the legal defence, can we grasp its legislative spirit andcarry it out correctly. In some cases, criminal legislation is too simple and narrow, sosome controversial legislation not only catch the sight of theoretical circles, but alsocreate differences and difficulties to judicial practice. As viewed from combining theorywith practice, taking Mr. Han’s case of the over-defense as an example, this thesisexpounds the topic of the justifiable defense thoroughly and carefully by applying themethods of comparative study and induction. The perfection of the judging standard ofthe limit of defense, therefore, is not only a theoretical question, but a practical one,which will further affect judicial practice significantly.
Keywords/Search Tags:justifiable defense, over-defense, special defense, defense conditions, limitof defense
PDF Full Text Request
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