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New Ideas On The Lack Of Balance Of The Emergency Hedge

Posted on:2017-05-05Degree:MasterType:Thesis
Country:ChinaCandidate:Y H JiangFull Text:PDF
GTID:2296330503959448Subject:Law
Abstract/Summary:PDF Full Text Request
The emergency is a very important concept in the criminal law, criminal law is each of our learners, researchers and judicial practitioners are familiar with. The author in this paper to a relatively simple but profound small case study leads to the topic of discussion, when emergency infringement of legal interests is greater than equal to the protection of legal interests(especially referred to the right to life) and causal processes dominated by type, it should be how to change ideas, draw the appropriateness of conclusion.For better reason, the author in the first part of the article first reviews the basic concepts of emergency, causality of criminal law and the objective imputation theory; in the second part, according to the beginning of said case, lists the different response; then, a departure from the objective imputation theory perspective the theory of social worthiness, that considerable social judgment is not allowed by the established risk method and the key indicators, then its discussion and understanding of the target case; the case about considerable social standard will be combined with another emergency violated the right to life in the last of this article the author under the general objective imputation theory the process to deal with such cases.
Keywords/Search Tags:Emergency Hedge, Objective Attribution Theory, Causal Relationship, Social Equivalent
PDF Full Text Request
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