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The Identification Of Justifiable Defense Research On The Theory Of Anticipated Possibility

Posted on:2021-02-09Degree:MasterType:Thesis
Country:ChinaCandidate:Z F YueFull Text:PDF
Abstract/Summary:PDF Full Text Request
The issue of justifiable defense identification has always been a persistent problem in the judicial practice in the legal field of our country,especially in recent years.Due to the emergence of a few cases,the issue has attracted extensive social attention,reflecting the people's universal appeal for democracy,rule of law,fairness,justice and security in the new era.But the cognizance of justifiable defense problems mount in the practice,the judicial organs for the understanding of justifiable defense standards often biased with ordinary people,lost the self-defense system to standardize the behavior of citizens guidance role investigate its reason,because our country standards of justifiable defense of fuzzy,in the general crime and justifiable defense behavior and there is no clear and specific standards,excessive force in self-defense system in our country real problems such as rigid function expansion,the problem will be substantial effect principle of a legally prescribed punishment for a practice in our country,is not conducive to safeguard human rights and the solving method of dilemma The practical problem of the "justifiable defense" has become a resistance on the road of promoting individual case justice in our country.The theory of expected possibility is introduced into our country to give full play to its humanistic concern and modesty,which can promote and promote the correction of China's justifiable defense system and the improvement of the whole criminal law system.From the perspective of feasibility and effectiveness,some useful discussions are made on the significance of introducing the theory of possibility of expectation into China and the ways and methods of introducing it into China,so as to contribute to the revision of justifiable defense system and the perfection of the theoretical system of criminal law.
Keywords/Search Tags:Justifiable Defense, the Theory of Anticipated Possibility, individual cases, fair assurance of human rights
PDF Full Text Request
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