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Discuss The Good Samaritan Acts In The Theory Of Self-defense

Posted on:2019-07-17Degree:MasterType:Thesis
Country:ChinaCandidate:J S ShaoFull Text:PDF
GTID:2416330566467076Subject:Law
Abstract/Summary:PDF Full Text Request
Taking courageous acts for a just case has been regarded as the embodiment of moral lofty since ancient times,and has always been paid much attention by the state and the masses.In ancient China,there was a deep study on it,and there were detailed records and regulations in history.Abroad for the Good Samaritan acts is also very seriously,many countries have made laws for regionally or nationally,and has been in continuous improvement,give courageous bigger space,reduce the courageous concerns so as to encourage courageous effect.In contemporary China,in criminal law,civil law,local laws and regulations and regulations,also attaches great importance to the protection of the righteous behavior.At present,although there is no uniform legislation for the heroic act in our country,we have given some legal protection to them through the relevant provisions in the criminal law,the civil law and the regulations of all over the country.This article mainly studies in the field of criminal law,and the characteristics of the criminal law determine that this scope is mainly from the point of view of crime and non crime.Do not punish the good Samaritan acts that conform to the rules,and gives proper and not excessive evaluation to the righteous act that offends the criminal law,which is the best act of the criminal law.Because of the limitations of the author’s ability and the length of the article,this article is mainly concerned with the prevention of the unlawful acts,which are similar to the provisions of the legitimate defense in the criminal law.In the field of criminal law,it is regulated by the relevant provisions of justifiable defense in the field of criminal law.Based on the theory and criminal cases in recent years,found that the courageous protection has been greatly improved,and the excessive defense is not punished as serious as before.But excessive defense is still too strict,the possibility of courageous defense when it was sentenced to severe punishment is still great,courageous environment is not particularly well.In the face of unlawful infringement,many people choose to leave,unfavorable to give full play to the justifiable defense to protect the private relief and combating crimes.This article mainly introduces the situation of the present law about the good Samaritan acts.Through the analysis of the relevant provisions and cases in the criminal law,this paper focuses on the possible situations of this kind of courageous act,and the defects and perfect suggestions for the protection of the act of righteous act.
Keywords/Search Tags:Good Samaritan acts, criminal law, Self-defense
PDF Full Text Request
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