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Comments On The Crime Of Intentional Injury Of Yang And Other Cases

Posted on:2020-10-04Degree:MasterType:Thesis
Country:ChinaCandidate:F OuFull Text:PDF
GTID:2416330623451106Subject:Law
Abstract/Summary:PDF Full Text Request
In our country's judicial practice,the number of cases where the court directly determines and establishes justifiable defense through judicial judgments is not very large.In the new era environment and background,how to make breakthroughs and improvements in judicial practice has attracted people's attention.Yang's crime of intentional injury and other cases are typical cases where the court has revised the sentence.Whether the defendant's behavior constitutes justifiable defense and whether the court's sentencing is appropriate are worthy of in-depth analysis before reaching a conclusion.The judicial organs are relatively strict in handling the issue of justifiable defense,which may be a misunderstanding formed in the long-term judicial judgment.The adoption of high standards to identify justifiable defense has increased the cost of defending the rights of the infringed and at the same time reduced the illegal cost of the infringer.It is hoped that in the future judicial practice,the court will no longer require the parties to make completely rational judgments when implementing defense.In the end,the judicial organs need to make final determinations based on various specific situations.
Keywords/Search Tags:Self-defence, Excessive defense, Sentencing
PDF Full Text Request
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