Font Size: a A A

Identification Of Legitimate Defense In Mutual Assault

Posted on:2020-03-21Degree:MasterType:Thesis
Country:ChinaCandidate:M J QiFull Text:PDF
GTID:2416330578453673Subject:legal
Abstract/Summary:PDF Full Text Request
Mutual assault means that both sides violate each other with the intention of hurting the other one.The general theory of the criminal law academic circles in China believes that both sides are intented to harm others and have no intention to defend.Therefore,legitimate defense is not established in the mutual shackles,but this generalization is increasingly abused in judicial practice.In practice,the general judgment of the court is: if one side counterattacks after the infringement,and the other party does not give up the infringement and continue to attack,the two sides will appear in a state of mutual struggle on the outside,which is mutual enthusiasm,and no legitimate defense will be established.When one party beats the other and the other fights back,the counter-attacker's practice is considered to be just as legitimate defense.Most of them have been identified as mutual enthusiasm,which has become the judicial status quo in China.Just as defense and mutual influence are both harmful to others,there is a high degree of coincidence.In judicial practice,the courts have identified many cases of legitimate defenses as mutual defamatory,and both sides of the fight often use legitimate defense as a defense.Therefore,the identification of legitimate defense in mutual martial arts has important practical significance.This paper will analyze the phenomenon of abnormality identified by legitimate defense in mutual relations.It is hoped that the judicial practice will provide a more comprehensive and reasonable method of identifying the scope of legitimate defense in the mutual assault.In order to avoid over-expanding the range of mutual deficiencies,it is too limited to limit the scope of legitimate defense.This paper is mainly divided into five parts:The first part is introduction.This part mainly makes a brief introduction to the significance of the topic.In addition,a sample analysis of the cases of mutual respect and legitimate defense was made.This led to the abnormal situation of legitimate defense identified in judicial practice.The second chapter is about the abnormal situation in the defense of legitimatedefense.Including the responsibility for the cause of illegal infringement,negating the right to defense,ignoring the details of the case and easily identifying each other,the lack of defense intentions does not recognize the formation of legitimate defense,and the consequences of casualties are easily identified as mutual exclusion.The third chapter is the specific standard of the legitimate defense in the mutual defense.This is an important part of this article.Specifically,a retaliatory attack can be considered as a legitimate defense after the end of the mutual squad,and it can be considered as a legitimate defense after a squabble.On the one hand,the immediate counterattack on the first-hand side of the unscrupulous attack can establish a legitimate defense,and the illegal attack against the danger is a legitimate defense.When the preparation tool faces the unlawful infringement,the counterattack is justified,and the defense intention is not pure.Justifiable defense and counter-attacks against multiple enemies are justifiable defenses.The fourth chapter,take the judicial practice "Chen Tianjie intentional injury case" and "Zheng Yanshan intentional injury case" as an example,using the previously proposed specific criteria for analysis to demonstrate the rationality of the specific criteria advocated in this article.
Keywords/Search Tags:Fighting, Defense, Criteria
PDF Full Text Request
Related items