Research on the Judicial Judgement Standard of Midway Excessive Defense

DOI

10.2991/assehr.k.220504.301How to use a DOI?

Keywords

Legitimate defense; Midway excessive defense; Compromise theory; Unity of subjective and objective; Defense limits

Abstract

The law of self-defense is the most controversial and confusing area of judicial practice. The current system of self-defense is unclear, vague judgment elements, judicial recognition standards, should be combined with the theory of subjective and objective unity of compromise, scientific construction of the scientific criteria for the determination of self-defense, from the optimization of the determination of self-defense, the measurement of the comprehensive intensity of the act of self-defense, the avoidability of the consequences of damage beyond the limit, and other three aspects. The judicial recognition standard of excessive self-defense in the middle is correctly understood and absorbed into China’s criminal law standard system in the form of judicial interpretation or judicial normative documents in due course.

Copyright

© 2022 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article distributed under the CC BY-NC 4.0 license.

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TY  - CONF
AU  - Jiayi Zheng
PY  - 2022
DA  - 2022/06/01
TI  - Research on the Judicial Judgement Standard of Midway Excessive Defense
BT  - Proceedings of the 2022 8th International Conference on Humanities and Social Science Research (ICHSSR 2022)
PB  - Atlantis Press
SP  - 1659
EP  - 1662
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.220504.301
DO  - 10.2991/assehr.k.220504.301
ID  - Zheng2022
ER  -