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Research On The Case Of Zhang's Legitimate Defense

Posted on:2022-12-07Degree:MasterType:Thesis
Country:ChinaCandidate:B C MaFull Text:PDF
GTID:2516306614458334Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In recent years,the issue of justifiable defense has aroused public concern.Although it was an isolated case at the beginning,it reflected people's demands for democracy,rule of law,fairness,justice and security in the new era.In China's judicial practice,the application and judgment of justifiable defense has been extremely difficult,because of the strict control of the establishment conditions of justifiable defense,which leads to the situation that citizens dare not defend.In recent years,there are more and more cases concerning the limits of the exercise of the right of defense,and more and more controversial cases appear in the public eye.Published in 2021,for example,the Supreme People's Court of guiding cases "zhang that wood pull justifiable defence case",based on the above trial focus of controversy,the paper first introduces the basic context of the case and the dispute,the time in the illegal violation,defense,defense limit three aspects discusses the combined with the case,finally this case review and reflection,To review whether the judgments of the first and second trials are appropriate,and how to avoid the recurrence of disputes in the future,so that citizens can feel the temperature and power of fairness,justice and law in the process of carrying out justifiable defense.
Keywords/Search Tags:justifiable defense, Zhangnamora case, unlawful infringement, defense time, defense limit
PDF Full Text Request
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