相称性(法律)
危害
法律与经济学
领域
法学
政治学
膨胀的
立法机关
背景(考古学)
立法
社会学
抗压强度
生物
古生物学
复合材料
材料科学
出处
期刊:Jounal of Asia Social Science
[Asia Social Science Academy]
日期:2023-08-31
卷期号:11 (1): 129-149
标识
DOI:10.51600/jass.2023.11.1.129
摘要
In the realm of legislation, China's definition of legitimate defense is expansive; yet, in the context of judicial application, the legitimate defense framework has been significantly curtailed, resembling what can be described as a zombie clause. The legislative requirements on the limitation of defense have not significantly enhanced the comprehension of the temporal aspect and the criteria for assessing excessive defense. The determination of whether an act of legitimate defense surpasses the defined standards and other related matters is flawed. In order to address the aforementioned issues, it is imperative to acquire a comprehensive understanding of the juxtaposition between noticeably exceeds the necessary limits and causes great harm. It is crucial to establish that the criterion of “noticeably exceeds the necessary limits” holds significant importance in determining the necessity and proportionality of defensive limitations. It is imperative to establish that the criterion for the necessity and proportionality of the limit of defense necessitates a clear demonstration of exceeding the limit that is evidently beyond what is necessary. Furthermore, the assessment should be grounded in situational theories, which encompass both the act of defense and its outcome. Subsequently, it is vital to further define the criteria used to evaluate the parameters of the noticeably exceeds and necessary limits categories.
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