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Han’s Intentional Injury Case Study

Posted on:2019-05-27Degree:MasterType:Thesis
Country:ChinaCandidate:M LiFull Text:PDF
GTID:2356330542984403Subject:Law
Abstract/Summary:PDF Full Text Request
The relevant provisions of justifiable defense occupy an important position in the theory of criminal jurisprudence,the state gives such a right to the people in the formal form of law to reflect the state’ importance to safeguarding people’s rights and interests.Justifiable defence refers to that the state 、 society 、 oneself or others actively take appropriate measures to stop the illegal infringement when they are illegally violated.At the same time,this provision is adopted by the state to encourage and support citizens to have the courage to fight against illegal acts,and in the face of illegal infringement,they can take up the legal weapon to protect their legitimate rights and interests.In legal practice,there is an argument about the determination of justifiable defence,for example,the nature of an actor’s defensive behavior、the definition of the necessary limits of defensive behavior 、 the form of subjective offense when the actor acts in defense.Through the interpretation of Mr.Han’s intentional injury case,the paper mainly analyzes the behavior of the defenders、the limits of defensive behavior、the form of subjective offence of the defender etc.And the paper also discusses the conviction and sentencing of the cases involving defense in judicial practice.
Keywords/Search Tags:Justifiable Defense, Excessive Defense, The Special Defense, The Defense Limit, The Form of Sin
PDF Full Text Request
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