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On The Time Conditions Of Self-defense

Posted on:2013-03-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y ChenFull Text:PDF
GTID:2246330392958186Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Self-defense system provides citizens being violated can be implementedself-defense,especially in the state organs can not be timely intervention,self-defense ascitizens to protect their legal rights against unlawful infringement of the most powerfulprotection. Law also established the conditions for self-defense has done a pretty strictrules,the laws of different countries and regions may be the establishment of self-defenseprovisions of the conditions slightly different,but in a different time conditions ofself-defense provisions are not or missing.The time the so-called self-defense is a condition that can be implemented to limit thetime for self-defense. Unlawful infringement of our laws will be limited to "being"violated,in which "progress" that is self-defense time conditions. This paper definesself-defense by the start time and end time,and to determine the time of self-defense. Thistotal is divided into four parts:A Summary of the first part, this part of the article describes several major foreigncountries and from our law the relevant provisions on self-defense and defense ofdomestic and foreign scholars on the establishment of different conditions and differentperceptions. Furthermore,this paper highlights the concept of self-defense,and this timethe conditions will be on the main issues.The second part of the start time of self-defense,first of all,this paper describes themain civil law and common law countries and regions, theory and legislation, includinga representative of civil law countries are Germany, Japan, Italy and Taiwan,Chinaareas; common law countries and regions representative of the United States,Britain,India,Singapore and Hong Kong SAR of China. Secondly,this paper describes thepresence of several of China’s major academic theories: start says,against the scene thatthe direct threat that comprehensive that the amendment to proceed,said. Finally,for abrief review of various theories,and on this basis,put forward their own point of view: I think that the start time on self-defense,should be based on the best science andexperience,the objective is to determine whether there is now illegal infringement orcriminal infringement is imminent,such judgments can not join the defense of subjectivefactors.The third part of the defense of the end time,end time on defense and foreignscholars have different opinions,it is difficult to form consensus. Abroad mainly in thefollowing theory: behavior that is completed,the facts continue to say that the right toreply,said the risk of disappearing. Domestic theory are: stop that behavior,leave thescene said the danger that such exclusion. This paper argues that the end time ofself-defense is such a moment: When the law has been set against the interests (theinfringement has caused will not expand,reduce or not cause the violation will notappear),and the use of defensive behavior will not change this situation when,identifiedas against the end time.The fourth part of the time the conditions of self-defense issues. This part of thispaper is not timely defense of the precautionary measures and other issues,in the contextof relevant case made on the basis of correlation analysis. In addition,this implementationof the abusers of women suffering the harm nature of the act also made a related study,battered women and the protection of our proposed countermeasures.
Keywords/Search Tags:Self-defense, Start time, End time, Untimely defense, Precautionary measures
PDF Full Text Request
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