The Justification of Legitimate Defense-based on Jurisprudential Analysis of Yu Huan Case

DOI

10.2991/essaeme-17.2017.106How to use a DOI?

Keywords

Legitimate defense, Personality right, Urgency, Limit.

Abstract

In the judicial practice, there are always very serious problems in the determination of legitimate defense. The result of the judgment is often far from common sense. The fundamental reason lies in the fact that the judicial personnel stand behind all the risks of defense responsible for the defenders bear. According to the facts found in the judgment of the first instance of the case, it is sufficient to confirm that the defendant can take defensive measures against illegal detention of obscene and obscene women, taking into account the time of illegal detention, the disparity of the two sides, and the possibility of illegal detention The degree of escalation, the use of weapons to take the first warning after the injury does not have the legal choice of other options, although the consequences of casualties, but also in line with the legitimate defense of the conditions, therefore, in the plea for Yu Huan was innocent the proper handling of the case will highlight the responsibility and risk-sharing mechanism of legitimate defense and the special attention of the law to the right of personality.

Copyright

© 2017, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Chenzhong Yue
PY  - 2017/07
DA  - 2017/07
TI  - The Justification of Legitimate Defense-based on Jurisprudential Analysis of Yu Huan Case
BT  - Proceedings of the 2017 3rd International Conference on Economics, Social Science, Arts, Education and Management Engineering (ESSAEME 2017)
PB  - Atlantis Press
SN  - 2352-5398
UR  - https://doi.org/10.2991/essaeme-17.2017.106
DO  - 10.2991/essaeme-17.2017.106
ID  - Yue2017/07
ER  -