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Special Defense Research

Author: ZhangXiao
Tutor: ZhouGuoWen
School: Chongqing University
Course: Legal
Keywords: Special defense Concept Nature Applicable Condition Perfection of Legislation
CLC: D924.1
Type: Master's thesis
Year: 2011
Downloads: 79
Quote: 0
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Abstract


Our 1997 paragraph 3 of Article 20 of the Penal Code provides that: \When not criminally responsible. \The system from the date of the introduction of mixed. Some people think that the special defense can be better and more effective protection of citizens' personal interests, provide a powerful legal weapon to fight it citizens with certain violent crimes, and its role is significant. But others believe that the system is inappropriate national penalty right of alienation, will lead to the untimely death of the rule of law; the erroneous value the establishment of the system and open the door to abuse of rights. Based on this, the actual case for clues on the basis of existing research of others, the concept of a special defense, the nature of the applicable elements of their own perspective further explore and research, in order of special the improvement of the defense system to do their part. This paper is divided into an introduction, body of two parts, with the directory references. Specifically, the main point of this paper can be summarized as follows: 1, Article 20 of the Penal Code, paragraph 3, the concept and application of elements. Article 20, paragraph 3, of the Criminal Code definition should adopt the \the cause of the condition of the terms defined object conditions and timing conditions, it should also include subjective conditions and limit conditions. 2, Criminal Law Article 20, paragraph 3, of the nature. Should the terms of paragraph 3 of Article 20 of the Penal Code as suggestive only the tips of the judiciary in the criminal justice attention to the special case of such a self-defense. 3, paragraph 3 of Article 20 of the Penal Code of the Legislative Defects and Improvement recommendations. \the introduction of criminal means; to modify or improve other violent crimes that seriously endanger the personal safety \withdrawal of principle. \

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CLC: > Political, legal > Legal > Chinese law > Criminal law > General Provisions
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