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The Limits Of Legitimate Defense In Violent Debt Collection

Posted on:2020-11-12Degree:MasterType:Thesis
Country:ChinaCandidate:W LiuFull Text:PDF
GTID:2436330590462302Subject:legal
Abstract/Summary:PDF Full Text Request
With the rapid development of social economy,the ways of non-governmental lending tend to be diversified,and the high-interest loans once prevailed,and various means of debt demand emerged one after another.It is inevitable that the behavior of "collecting debts" carried out by many lawbreakers in the name of debt claim has become illegal or even criminal,making "debt repayment,natural justice" become the "umbrella" of illegal and criminal acts.What kind of behavior is legitimate debt-seeking behavior,and how to control and face the different means and different degrees of debt-seeking means,can we exercise the right of defense given to our citizens by criminal law in the end,how should the limits of legitimate debt-seeking behavior and violent debt-seeking behavior be controlled and faced with in the face of different means and different degrees of debt-seeking means? What are the limits to the exercise of self-defense? The problems are profound Province Starting with "Yu Huan case",the author tries to analyze the possible illegal and criminal acts involved in the violent collection of debts and how to correctly grasp the necessary limits for the implementation of legitimate defense in order to better protect the legitimate rights and interests of citizens and maintain normal social order.Promote social harmony and stability.This paper is divided into six parts,in the introduction part,the background and significance of the topic selection,research status and research methods,and the case as a starting point to lead to the issues to be discussed in this paper;The first chapter analyzes the illegality of the violent debt collection,the second chapter analyzes and demonstrates the legitimacy of the defense in the violent debt collection.The third chapter analyzes the difficulties and causes of the limitation of self-defense in the violent debt collection,and the fourth chapter puts forward the solution to the dilemma of the limit of the violent debt collection.The conclusion part uses the related theories discussed in this paper to re-examine "Yu Huan case".
Keywords/Search Tags:violent debt collection, self-defense, defense limits, Yu Huan case
PDF Full Text Request
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