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Concerning The Limts Of Self-Denfense

Posted on:2015-01-27Degree:MasterType:Thesis
Country:ChinaCandidate:Y ChenFull Text:PDF
GTID:2296330428961833Subject:Law
Abstract/Summary:PDF Full Text Request
The issue of the limit of self-defense is related to the identification of self-defense, it is also p to distinguish excessive defense with self-defense. Therefore, the limit of self-defense has been at the core in the theory of self-defense. The focus in judicial practice defense case is often the self-defense or excessive defense. If the justifiable defense exceeds the limits of necessity, he should bear criminal responsibility. Therefore, the limits of justifiable defense are a basic problem of self-defense. So it is necessary to study the limitation of self-defense and clear the definition of justifiable defense and excessive defense.In Chapter2, this paper has discovered that different standards would affect the definition of self-defense in judicial practice. There are many reasons influenced these standards, such as the vague clauses in Criminal Law, the objective judgment to the environment of self-defense and so on. through analyzing and summarizing three cases, This paper draws into the study of self-defense. I define the self-defense and excessive defense views in the study of some theories. I analyze the feasibility of applying these extraterritorial system in China by introducing the experiences of legislation and system in some countries. In order to discuss how to identify the limits of self-defense practice, I put forward my perspective on the limit of self-defense, and then analyze how to define the limits of self-defense.
Keywords/Search Tags:self-defense, excessive defense, the limit ofdefense, Judgment standard
PDF Full Text Request
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