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Justify A Number Of Issues In Defense Research

Posted on:2018-01-01Degree:MasterType:Thesis
Country:ChinaCandidate:W H YinFull Text:PDF
GTID:2356330536456030Subject:Law
Abstract/Summary:PDF Full Text Request
Justifiable defense is the self-preservation and protection of interests of one of the necessary means of self-help remedies.Therefore,the state formulates method in the form of a certain degree and range allows even encourage justifiable defense behavior.Previous papers on domestic self-defense,adopts the traditional criminal theory system discussed is relatively rare.In this paper,three class system for the analysis of justifiable defense,and from the perspective of legal interests measure,to find the character of justifiable defense.Crime theory system of different,of course,is not,of course,lead to appear different conclusions on considered justifiable defense,but different crime theory system can give a person with a different perspective to examine the same question.This article from the perspective of justifiable defense resistance is illegal according to and related problems,put forward some own views,study of some related issues have been controversial.This article is divided into four parts.The first part to the legitimation of justifiable defense according to as a logical starting point of this article,and some academic point of view of both at home and abroad this paper summarized analysis,this paper argues that will measure results without a theory of value law benefit said as the legitimation of justifiable defense according to a more appropriate.The second part to defense means need to say,don't say,to not have a defense behavior of meaning,can form a justifiable defense are discussed.The third part of the mental patient and minors without criminal responsibility of the illegal violation can implement the justifiable defense.The fourth part of "criminal law" in paragraph 3 of article 20 of the special defense were analyzed,and the formulation of unlimited defense right question,and tries to demonstrate the rules only to pay attention to the rules.
Keywords/Search Tags:Justifiable Defense, Cognition of Defense, Defense Object, Provision of Attention
PDF Full Text Request
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