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thereby helping to arrest public security organs

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  • Started 10 years ago by olabuu34556

  1. <br>Not long ago, three thieves in West solid area sweat Kawamura stole a motorcycle to flee when he was five local young people to take control of the chase after the masses have been hit, including one person who died of his injuries. "Laoshuguojie, people cry," many people mistakenly believe that the case of self-defense and killed a thief, is justice. The legal profession, China's criminal law, in order to make the national and public interests, I or others personal, property and other rights from the ongoing criminal violations, and suppression of acts of unlawful infringement taken, are self-defense; while regulations , significantly more than the necessary limits of self-defense to cause significant harm, it shall bear criminal responsibility.<br> <br> Typical Case<br> <br>Case 1: The rate of villagers killed the thief village head collar criminal CFA 5 years<br> <br>October 7, 2002 in the morning,air max 90 pas cher, because the village appeared thief, solid area west coast door dozens of villagers in the village committee director Lumou led by two thieves caught after searching the village recreation room were locked. "Interrogation." Meanwhile,moncler outlet milano, a thief with a rake to a villager wounded indignation of all the villagers approached the thief beaten to death embrace. Lumou five people for intentional assault was sentenced Court of First Instance ranging from 13 to seven years in prison, while the compensation for economic losses to the families of the victims. After an appeal the case, the High Court commuted the law, which was commuted principal Lumou five years in prison, the other accomplices partakers probation.<br> <br>Case 2: The self-defense peasant thief stabbed the old man was sentenced to not bear responsibility<br> <br>May 28, 2003, over sixty Henan farmer Liu old man has found its own rodeo thieves, fight, Liu old man grabbed the thief's dagger and stabbed the other arm. Subsequently, the thief was arrested villagers seized and turned over to the police station. After a lapse of two months later, the families of the thief Wang to Liu old man violated the right to life and health by resorting to the courts. It turned out that the thief was stabbed more than one month in hospital, spent 4000 yuan for medical expenses. Court Liu old man does not assume any liability for stolen cattle thief Liu old man in self-defense because of injuries,http://store.shopping.yahoo.co.jp/topism/bottoms-25-topism.html, shall be responsible for their own medical expenses, then dismissed the thief.<br> <br>Case 3: hit the "thief" provoke murder "courageous" involving the crime arrested<br> <br>After October 28, 2011 at 3 pm, West solid area computer maintenance man Sohn solid area in the Western sweat Kawamura friend run Internet cafes,http://tuonela.s138.xrea.com/lightbbs/light.cgi?res=1609, catch the thief to hear voices, Sohn and other five young people caught after the first alarm . Unexpectedly, the crowd swarmed to the struggle against the man to impose beaten. Subsequently,piumini moncler sito ufficiale, the man was arrested two companions came to help, the results have also been hit villagers, including a suspected thief was beaten to death, currently five youth on suspicion of intentional assault was arrested.<br> <br>Experts say<br> <br>Moderator: reporter Guo Yuhong<br> <br>Guests: Hirakawa District Baiyin City People's Procuratorate prosecutor Shao<br> <br>Lawyer Rui Gansu Local Mucous close<br> <br>Lawyer Gansu law into Qiu Jianming<br> <br>Moderator: wounded or killed by the thieves bear the consequences? In this regard the provisions of the law for what?<br> <br>Qiu Jianming: This type of event, the behavior of the thief and killed wounded sparked heated debate, the focus is on the behavior of self-defense, courageous, or discuss criminal offenses. First,http://store.shopping.yahoo.co.jp/ebest-dvd/0000001028468.html, we must understand the definition of self-defense. China's Criminal Law stipulates: In order to make the national and public interests, I or others personal, property and other rights from the ongoing criminal violations, and suppression of acts of unlawful infringement taken, are self-defense; the above requirements must also have the proper to success defense. Penalty also provides significantly more than the necessary limits of self-defense to cause significant harm, shall bear criminal responsibility.<br> <br>Shao: Case 2 with the results of other cases of the reasons why there is a big contrast, it is dealing with a thief's objective behavior and ultimate consequence. We see that the behavior of cattle thieves apparently belong to infringe property rights violations, when the old man was discovered Liu, Wang to go into hiding and striking with a dagger to Liu old man, Liu old man fight with the thief stabbed counterattack. According to the conditions for legitimate defense, Liu old man's behavior is entirely consistent with self-defense in the legal sense. To this end, the court "because of damage caused justifiable defense shall not bear civil liability," according to the provisions of Article 128 of the Civil Code, the judgment Liu old man does not have any liability, Wang spent all hospital expenses should be responsible for all their correct .<br> <br>Moderator: Case 3, catch the thief of youth involved in crime behind bars is the ultimate feel wronged, they think that their behavior is courageous.<br> <br>Local Mucous: about what courageous? Chinese laws, administrative regulations has not yet made definitions. Even the concept of courageous nor clearly defined.<br> <br>To this end, a number of local regulations on the right to make a courageous defined. For example, "Gansu Province courageous staff incentives and protection Ordinance" will be "courageous person" is defined as: "did not have the statutory duty and a specific duty, to protect national and public interests or others' personal and property safety, and criminal acts fight or outstanding citizens in disaster relief, rescue activities. "This provision is very representative. Almost all local regulations will be "courageous" and to "social security" as a contribution to the hanging hook, where the courageous and often limited to "fight with the criminals." It is understood that our norms and regulations to protect courageous behavior include: 31 provinces (autonomous regions and municipalities) introduced local laws and regulations in the 19 regulation 8 provides four ways. However, over the legislation on the "courageous" measures the difference between the identification and protection of large and there are inadequate, resulting in inconsistent treatment of the case with a courageous acts in different provinces suffered.<br> <br>Moderator: whether self-defense or courageous,http://www.oka-soft.net/cgi/bbs/aska.cgi/?a%E9%88%A7?u?a?a%E9%88%A7?i?, should grasp a "degree." 1,2 from the case, the master of the "degree" is not difficult?<br> <br>Shao: from our traditional thinking and point of view, the thief is shameful,hogan outlet online, as "hatred", ranging from being everyone should be cast aside, while Dayton suffer beaten, almost imperceptibly as "to punish violence steal" cover up "legal" seal. People Jieruchou psychology is understandable, but this can not arbitrarily dispose of, but to be disposed of by the judiciary within the scope of the law. In the implementation of courageous acts, or acts of self-defense, should have a necessary limit, this limit should be within a legal range. Case 3, a theft has occurred over this behavior, which is not carried out unlawful infringement, Sohn et al chase early take courageous behavior should be consistent with the definition of human behavior unlawful infringement has ceased, it should be seized and turned over to judicial organs.<br> <br>Local Mucous: This courageous often mass collective action, under the kind of group indignant mood,piumini woolrich, to grasp the degree of implementation of the Samaritan is indeed very difficult. Arrest fugitives, or arrest the suspect of committing a crime, it can be controlled within a controllable range on the line, if you killed him, they clearly exceed the degrees. Facts proved that more than once, "in order to punish violence steal" take any damage personality to others, free of the shackles of compulsory behavior,http://store.shopping.yahoo.co.jp/lens-deli/1-agl-12.html, not only can not achieve "the prodigal son" effect, but will diminish the majesty of the law in the public mind, and then indulge groups of irrational emotions, causing social disorder. National empower citizens courageous, right of self-defense, but not that, due to the courageous, for all criminal acts are shoot to kill. If courageous caused significant harm, or contrary to the rights given to him by law, also should bear some responsibility.<br> <br>Qiu Jianming: Case 3 of 5 youth in order to prevent theft of property of others, and actively trying to catch the thief, this righteousness is worth carrying forward. However, when you need to choose between life and property, it should be the first to establish a life philosophy. That is,http://www.postyourshavedpussy.com, to protect themselves and their property from infringement should also pay attention to the ways and means, can not endanger the lives of others. If the rights have been slightly violated, we have to take extreme measures to solve violence, the consequences will be more terror. If in case of an emergency, there may be encountered extremely dangerous suspects when citizens themselves do not easily adopt a very extreme way to deal with him, sometimes just a good motivation and desire does not necessarily lead to good results. Good practice called the police, if at the same time the alarm, but always follow this man,http://ashbluestones.ocnk.net, master of his whereabouts, or convened more people to control their escape, thereby helping to arrest public security organs, so that may be more appropriate . Courageous to have the courage and strategy, but also to a degree, there are courageous and prudent degree of citizens can be a good Samaritan.<br> <br>Moderator: Case 1,3 result, we believe that many kind-hearted people will feel sorry.<br> <br>Shao Hua: Yes, summed up such events, it is this: love can forgive,http://paddyshop.jp/honey/honey.cgi?mode=res&no=6520, France intolerable. The so-called love can forgive, that means they killed the thief is courageous starting point is to stop the elimination of crime, avoiding the national and public interests, himself or someone else made the violation behavior. This morally morally prevail, their behavior and the spirit is commendable. The rule of law need is this sense of justice and the fight against illegal and criminal acts of active citizens. Their behavior is consistent with the mainstream of moral demands of society, but also in line with the rule of law basically advocate for citizens. However, the rule of law also requires any act of citizens must remain within the legal limits, in particular, may cause the behavior of physical and property damage to others, but can not exceed the limits prescribed by law.<br> Share: welcome to comment I want to comment microblogging Recommended | hot microblogging today (edit: SN010)<br>

    Posted 10 years ago #

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