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On The Limit Of Legitimate Defense

Posted on:2022-07-24Degree:MasterType:Thesis
Country:ChinaCandidate:X Y LiuFull Text:PDF
GTID:2506306488976979Subject:legal
Abstract/Summary:
As Ingersoll said,the law originates from the people’s right to self-defense.Self-defense system has attracted much attention both in theory and practice,and as an important part of self-defense system,the limit of self-defense is particularly important.Focusing on the definition standard of the limit of self-defense,this paper analyzes the current situation and problems of defense limit in China,and puts forward that the definition of defense limit should be based on mastering the basic concept of defense limit,grasping the legislative trend of defense limit,conforming to the value orientation of defense limit,guided by social equivalence theory,based on situational theory,comprehensively considering other influencing factors of defense limit,and accurately distinguishing related concepts such as "unlawful infringement","necessary limit" and "causing great damage".This paper analyzes the cases of Wang Liyan’s intentional injury and Ren Yanwu’s intentional injury,in order to verify the judicial applicability of the standard of defining defense limits.
Keywords/Search Tags:defense limit, social equivalence theory, situational theory, judicial application
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