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The Boundary Of Justifiable Defence And Intentional Injury

Posted on:2019-07-05Degree:MasterType:Thesis
Country:ChinaCandidate:H L ZhouFull Text:PDF
Abstract/Summary:PDF Full Text Request
The purpose of this study is to clarify the boundary between justifiable defense and intentional injury,and then evaluate the judicial positioning of both justifiable defense and intentional injury more comprehensively and rationally.By analyzing the real cases collected by the author in judicial practice,this paper expounds the view that the behavior of criminal suspects constitutes justifiable defense in various cases.The point of defensive awareness is the awareness for defensive action.That is to say,as long as the doer recognizes that the action he has taken is against the illegal aggression being carried out,he will be recognized as being with defensive awareness.From the perspective of making laws,the boundary between justifiable defense and excessive defense(intentional injury)is that it is no longer required that justifiable defense is roughly equal to injurious behavior in terms of means,strength and consequences,and the legality limit of "exceeding" is clearly stipulated.It is hoped that judicial staff will pay attention to citizens' right of justifiable defense in cases of intentional injury,and pay attention to case justice,fully protecting the rights and interests of criminal suspects,and so they can prudently identify the charge of intentional injury.
Keywords/Search Tags:Self-defense, Intentionalinjury, The judicial boundary
PDF Full Text Request
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