西南石油大学学报(社会科学版) ›› 2018, Vol. 20 ›› Issue (6): 69-77.DOI: 10.11885/j.issn.1674-5094.2018.07.30.02

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A Legal Interpretation of Necessity of Justifiable Defense in Self-induced Danger

XUE Tiecheng   

  1. Department of Mechanical Engineering, Qingdao Huanghai University, Qingdao Shandong, 266427, China
  • Received:2018-07-30 Online:2018-11-01 Published:2018-11-01

Abstract: The perpetrator of self-induced danger has fault in provoking the danger while justifiable defence refers to a person's right to stop an unlawful infringement for his own or another person's right. The current criminal law in China denies the right to justifiable defence in self-induced danger but permits act of recue. Acknowledging self-defence in self-induced danger contributes to prevent the over-prudence in legislation and moral-hygiene in law enforcement, to balance qualification of right and sharing of liability, and to adhere to the causal relationships in criminal law.

Key words: self-induced danger, provoke defence, justifiable defence, duress, limit

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