justifiable defense
230642092
ISSUES OF QUALIFICATION OF EXCEEDING OF JUSTIFIABLE DEFENSE LIMITS
The article is dedicated to justifiable defense as a circumstance excluding the criminal character of an act pursuant to criminal laws of the Russian Federation. The authors cover some issues concerning the application of provisions stipulated by Article 37 of the Criminal Code of Russia. The research of these provisions allows identifying the advantages and disadvantages of the legal regulation of justifiable defense including the disadvantages of the judicial and investigative practice. The paper criticizes the existing approach and offers ways to solve the indicated problems including by means of amendment of resolution of the Plenum of the Supreme Court of the Russian Federation No. 19 of September 27, 2012, On the Judicial Application of Laws on Justifiable Defense and Causing of Damage in the Course of Detention of a Criminal. The authors suggest a means of possible reconstruction of the corresponding provisions of Article 37 of the Criminal Code of the Russian Federation in view of ambiguous and often inconsistent practice of application of criminal law provisions on justifiable defense.
Andrey Vyacheslavovich Nikulenko Maksim Smirnov
215912241
The Application of the Principle of Legal Procedure Priority in Justifiable Defense
Yu Chong
225922966
On the Misunderstanding and Correction of Justifiable Defense Judicial Confirmation Starting from the Cases of "Yu Huan" and "Yu Haiming"
Jia Hong Huang
59393586
Justifiable defense against environmental crime? a theoretical thinking triggered by china's collective environmental events
In the event that stopping illicit infringement acts is undertaken in order to protect national and public interests, one's own or others' personal security, properties or other rights against on going unlawful infringements, harm to unlawful offender's falls under justifiable defense, bearing no criminal responsibilities. In cases when justifiabledefense obviously exceeds the limits of necessity, causing serious injuries, criminal responsibilities shall be borne, but punishment shall be mitigated or remitted. Although the justifiable defense system in China is explicitly stipulated in the criminal law, but in some cases, it cannot effectively protect the basic human rights of the people because of the limitation of traditional theory and reality.
Ran An
159771760
Criminal Liability by Violation of Conditions of Legality of Justifiable Defense
L N Smirnova
147713051
Investigating,Interpreting and Reconsidering:Justifiable Defense under the Context of Environmental Crime
Justifiable defense of environmental crime is directly related with the basic human rights and social safety.The previous studies of justifiable defense can only explain part of the problems,which is apparently limited to solving the real situation.The concurrent risk which belongs to environmental crime represents a brand new kind of legal interest violation and a new kind of challenge to traditional thinking mode of crime.Meanwhile,the concurrent risk also makes us to reconsider how criminology should develop in the context of risk society.
An Ra
159304831
"Moderamen inculpatae tutelae" The Jurisprudence of a Justifiable Defense
Kenneth Pennington
148068224
An Analysis of Several Problems in Justifiable Defense System of Japan
Justifiable defense is a legal justification bar.However,there are different opinions about the groud of justification bar,which,after all,comes from different understandings about "law".It is necessary to analyze the structure of justifiable defense,which involves how to understand unjustifiable offense,defense consciousness,unavoidable behavior,withdrawal obligation,defense degree.From the perspective of theory of result valuelessness,we should say yes to defense towards things and no to consciousness.Besides,how to understand justifiable defense to adapt to jury trial system is a long term issue the Japanese crimial law circle should face.
Jiang Su
156638029
On the New Trends of Justifiable Defense in Japan
In accordance with Japan criminal law,the right of self defense is the right for civilians acting on their own behalf to engage in violence for the sake of defending one's own life or the lives of others,including the use of deadly force.In Japan,there has always been controversy over the proper application of justifiable defense.By listing issues involved in Supreme Court cases in recent years,the paper introduces and illustrates the new trends of self defense in Japan.
Yamaguchi Atsushi
147756714
On the Nature of "Illegality" about Justifiable Defense
In German and Japan,the nature of illegality concerning Justifiable defense exists subjective illegality and objective illegality.In China,restricted by the "complanate" constitution of crime,it has defects which are hardly to be overcome,when interpreted as subjective illegality or objective illegality.Under the principle of unified in the subjective and objective,it's one of ways to get out of the trouble that dimensional constitution of crime will be realized,illegality will be distinguished from breaking the law on the bases of the modified objective illegality,and the counterattack to things will be regarded as the justifiable defense.
Liang Yun-bao