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Zhang Fulin's Intentional Injury Case Study

Posted on:2017-07-08Degree:MasterType:Thesis
Country:ChinaCandidate:L LiuFull Text:PDF
GTID:2356330485494505Subject:Law
Abstract/Summary:PDF Full Text Request
Justifiable defense system is an extremely important provision in criminal law, is a right for citizens conferred by law of the country, whether the country ? public interest ?each person or others have been violated, they can take an active suppression of acts to unlawful infringement for reducing losses. Our reason for this provisions in criminal law designed to encourage and support such acts, so that the majority of people can be brave to fight against crime, exercise their own rights, protect the legal rights of national?public interest and individual. However, in judicial practice, there has been a wide range of disputes on justifiable defense system in the specific case hearing, the reason is the necessary limits of justifiable defense is difficult to define,significant damage of criminal will be often identified as excessive defense in practice,this kind of overly strict regulations will lead to ordinary people can not implement defensive behavior when their rights are violated, or be over-cautious in the process of implement the legitimate defense, the result is the damage will not be reduced effectively, things go contrary to the provision of justifiable defense in criminal law.The author cite intentional injury of zhang fulin as a typical case in this essay, make depth analysis and sufficient discussion and demonstration, hope this can play the role of some enlightenment and reference that the perfection of the system of justifiable defense in judicial and the application in judicial practice.
Keywords/Search Tags:Justifiable Defense, The Special Defense, Necessary Limit, Excessive Defense, Unlawful Infringement
PDF Full Text Request
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