The Measure And Research Of Life Right Conflict In Emergency

From the imagination of "Fabio Anders board",the famous "King v.Durham and Stephen case",the right to life conflict has been the focus of foreign academic debate.Whether the right to life can be regarded as the object of the object of urgent danger,there are different opinions in the academic circles,and the definition of the legal nature of the conflict of the right of life in the emergency escape is a heated debate in the academic circles.The conflict of the right to life in emergency hedging has been a hot topic and a difficult problem in practice.In China,there are some problems in the theory and legislation of the emergency hedge,which is not enough to solve the problem of the increasingly urgent right of life.The flexibility and openness of the criminal law of our country's criminal law to the object of emergency avoidance has left a wide space for scholars to explain,but it also brings a lot of trouble to the judicial practice.The right to life in China before the conflict case is not intentional homicide concluded,but with the continuous development of economy and society,a variety of different cases just before to emerge in an endless stream,view,that the right to life can not be used as the object of the emergency rescue of right to life all acts of intentional homicide case that is obviously not suitable.This paper starts from the understanding of the legal nature of the conflict in the emergency of the right to life,the right to life through the emergency conflict cases at home and abroad classic,classification and detailed analysis,and then get the views and a method for judging system.Finally,the paper discusses the great significance and application of the conflict of right of life,which is applied to practice.This paper is divided into four chapters,as follows:Preface?This paper introduces the background,significance of the topic,literature review and research methods.The first chapter,the legal nature of necessity in the right to life,the legal nature of necessity in life right conflict problem and necessity in life right conflict,for elimination of illegality,impediment of responsibility and differentiated,and the author's point of view.The second chapter is the investigation of the conflict of right of life in emergency.In the case of one-to-one,one case of passion and the conflict of the right to life of the right of emergency in the forced act,the author classifies and analyzes each case.In the third chapter,the judicial cognizance of the conflict of the right to life of the emergency hedge is divided into the following parts:the case is divided into the attack emergency hedge and the defensive emergency hedge to identify the two kinds of situations.The fourth chapter is about the legislative perfection of the conflict of right of life in emergency hedge.Through the analysis of China's current regulations and judicial practice,elaborated the right to life as the value and significance of the emergency of the object,advocating to perfect our criminal law on the right to life emergency regulations and strictly limit the use of the emergency of the right to life.