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The End Time Of Illegal Infringement In Justifiable Defense

Posted on:2021-02-07Degree:MasterType:Thesis
Country:ChinaCandidate:X ChenFull Text:PDF
GTID:2416330602978141Subject:legal
Abstract/Summary:PDF Full Text Request
China's criminal law stipulates that the time condition of justifiable defense is that the illegal infringement is in progress.How to determine the illegal infringement end time?There's no unity of view in theory,the standards and theoretical basis of the identifications are different.This paper classifies different unlawful infringements according to their continuity in time and space,in order to clarify "the end time of illegal infringement"more accurately.It is not only helpful to enrich and perfect the theoretical system of justifiable defense in China,but also helpful to provide guidance and ideas for solving specific problems in practice.In addition to the introduction and conclusion,this thesis includes four parts:The first part introduces the typical cases in which there is a dispute over the determination of the end time of illegal infringement and analyzes the defects of the dispute focus by applying the existing theories.The second part compares and analyzes the merits and demerits of domestic and foreign theories by discussing and analyzing the end time condition of illegal infringement.The third part,from the perspective of the problems existing in the related theory and practice,analysis of time that the crux of the end of the violation,extracting practice that defensive end time should follow the principle of law,in the analysis of the infringement behavior of continuity of time and space is the key to that defense time end,continuity of time and space meaning,characteristics and infringement.The fourth part discusses the application of time and space continuity of infringement behavior in judging the end time of violent and non-violent unlawful infringement,including the application of the typical cases in this paper and the two difficult cases of non-violent unlawful infringement of property and personal safety.
Keywords/Search Tags:End time of illegal infringement, Typical cases, Space-time continuity, practice
PDF Full Text Request
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