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Decrees Behavioral Research

Author: ZhangJinLiang
Tutor: LiuXiangLian
School: Southwest University of Political Science
Course: Criminal Law
Keywords: Decree behavior Justified In accordance with the laws of behavior Execution behavior of the command
CLC: D914
Type: Master's thesis
Year: 2011
Downloads: 47
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Abstract

Conduct element in real life, there is no doubt there is a behavior objectively meets the specific crime, but for reasons of specific policy considerations, the interests of the trade-offs in the law have special provisions or their superiors effective command as the basis, so that it acts in essence, does not have the illegality, and thus constitute a legitimate behavior situations. As can be seen from the judicial practice of the various countries, various countries to formally meet the conduct element of the crime and substance do not have illegal justify behavior, provide for very specific elements constitute legitimate behavior very strict This reflects the caution found on modern society justify behavior. Criminal law as the final guarantee of the legitimate rights and interests, the final guarantee of the most severe and so, once the judicial and law enforcement personnel in the identified charges mistakes or even miscarriage of justice, the huge losses caused to the parties, and even irreparable. However, China is clearly defined to justify the behavior, in criminal law, merely a reflection of self-defense and the emergency actions of two China's criminal law theory, for the understanding of the proper behavior for the exposition of the laws and regulations which only a handful of a few This is inconsistent with the facts of illegal exclusionary conduct to constitute decree behavior abound in real life. This article decree behavior from multiple systematic exposition. The text is about 30,000 words, in addition to the introduction and conclusion, is divided into four parts: The first major overview of the decree behavior. The definition of this part of the decree behavior, characteristics, and justify acts relations were discussed. This paper argues that the laws and regulations which refer directly under the written laws and regulations according to the higher effective command and exercise their rights or the assumption of the obligation by the implementation of behavior, which are mainly justified based on specific actors in specific and can exclude behavior unlawful sexual characteristics. The second most in accordance with the laws of behavior. In this section focuses on a variety of conditions established in accordance with the laws of behavior. Including seized and turned over behavior, violations of guardianship behavior, the chastise behavior and duties bear four specific acts in accordance with the laws of behavior. Guardianship behavior refers to limited civil capacity and no capacity for civil conduct seized and turned over behavior refers to citizens to use the appropriate degree of coercion, will have a legal plot suspects sent to the public security organs, the People's Procuratorate or the People's Court of behavior; for the person, property and other legitimate civil rights and interests, behavior monitoring and protection; chastise behavior refers to the parents of minor children or other close relatives, guardians, under certain conditions, the body of the minors harm or deprive objectively violate the rights of others, but due to the edicts of the law and has the behavior of its freedom; violations of the duty bearers to refer to the statutory duty bearers in the course of performing their duties in use to coercion or measures the validity of behavior. The third part, the behavior of the command execution. In this section discusses the nature of the act of executing the command and its command of the properties in four areas of the range and execute command command source behavior justify the standard behavior of point of view and execute commands seven legitimate conditions. As the basis of command to execute the command behavior should be illegal or at least unknown perpetrator knowing illegal; range of sources for the command to execute commands behavior, should be limited to the higher state affiliation staff;, for the execution of the command behaviors rightful elements should be included in the command of the legal attributes or unknown perpetrator at least know these illegal, the main legal publishing and execute commands, command the range of source-specific, command should be consistent with the legal release forms and procedures, the implementation process, the lower level execution the behavior objectively the legitimacy, the legitimacy of the lower-level execution behavior objectively, the implementation of the seven conditions for the purpose and means of the appropriate sex behavior in the execution of the command to meet several conditions at the same time, it can rule out the unlawful act. The fourth most of the Decree understanding of the behavior of the error and its handling. In this section discusses the laws and regulations which recognize the nature and decree behavior of error recognized error identification and its consequences. Understanding of the nature of the error which decrees behavior should adopt the strict liability that to understand; addition, in the case of error the understanding of the laws and regulations which should be as standard judgment of normal people, if this error is inevitable, at this time should not be investigated for criminal responsibility of the perpetrator; criteria for normal people, that this error is avoided, then you should set up an intentional crime.

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