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Research On Criminal Law Significance Of The Justified Act

Posted on:2015-09-22Degree:MasterType:Thesis
Country:ChinaCandidate:M ChenFull Text:PDF
GTID:2296330467960465Subject:Punishment law
Abstract/Summary:PDF Full Text Request
The justified act is essentially do not have the behavior of the essential feature of crime, so it is not being negative appraise of the criminal law behavior. In this paper, combined with a real case, Made specific explanations to the proper behavior, and further to improper conduct internal different kinds of specific, clear distinction, enabling them to ready all, do their job, especially as the behavior of the "capture", because its not legal status, the lack of criminal law system, in-depth theoretical study, this kind of behavior often happens in real life, however, how to define the category, clear capture behavior and other ACTS as the boundaries between to legitimate behavior of a clear specification applicable way, to be effective to guide people’s behavior.Paper is divided into three parts:the first part, the case is introduced. This part of the selection of "BAI" case woman taxi driver in Bai yu’s capture behavior as the breakthrough point, to review the whole case, puts forward the focus of dispute to the case. The second part, the focus of controversy on the case analysis of law. This part mainly in the first part, on the basis of several disputed points one by one in this case involved legal analysis, including the cognizance of criminal law in the sense of proper behavior and analysis. The third part, triggered by the case of thinking. Combined with the second part of analysis of the case law, from the Angle of theory to explore outside give proper behavior type and boundaries of the criminal law theory, and further for our country to improve the legislative act as has punishment on analysis and research, and on the basis of the analysis put forward its own views, in order to understanding of proper behavior in the judicial practice and master the help.
Keywords/Search Tags:Justified Act, Justifiable defence, capture behavior
PDF Full Text Request
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