論緊急避險(xiǎn)中的生命權(quán)問(wèn)題.pdf

1、學(xué)校代碼：10270 分類號(hào)： 學(xué)號(hào)：142502140 碩士專業(yè)學(xué)位論文 論緊急避險(xiǎn)中的生命權(quán)問(wèn)題 專業(yè)學(xué)位類別： 法律碩士（法學(xué)） 專業(yè)領(lǐng)域： 刑法學(xué) 作者姓名： 王新堯 指導(dǎo)教師： 何國(guó)鋒 答辯日期： 2016 年 6

2、月 1 日 Shanghai Normal University Master of Law Abstract Abstract The conflict of the right to life in t

3、he emergency refuge has always been the focus of the debate among scholars.Problems in legal practice.The research on this issue is not enough in our country.In this paper, under the framework of necessity, in-depth anal

4、ysis of the legal nature of the case, using the method of classification analysis, distinguish between different situations of conflict of rights to life emergency related problems.This paper is divided into five parts.

5、The first part is the introduction.This paper introduces the background, significance, literature review, research methods and deficiencies of the conflict of the right to life. In the second part, we discuss the academi

6、c circles for the conflict of rights to life emergency hedge basic viewpoints, respectively, the responsibility for blocking said, illegal resistance said and dichotomy. Finally, the analysis of the legal nature of the l

7、egal nature of the conflict of the right to life in china. The third part discusses the common danger in life right conflict of emergency. Because in real life emergency happens there will be a combination of different t

8、ime and space, so there will be different types of emergency. Here is a selection of common non common danger of conflict of rights to life emergency hedge were emphatically analyzed. In this paper, we discuss the sacrif

9、ice an unrelated person's life to save another life and sacrifice independent life of a few people to save the lives of the majority of behavior of conviction. This paper argues that, to sacrifice the lives of others

10、 in this case behavior should not be justified. The fourth part is the analysis of the common danger in life right conflict of emergency. In the common danger situation, this paper further divided into dangerous source a

11、nd non dangerous source of emergency life right conflict. And put forward the principle of solving this kind of cases: that is, should take into account the rationality of value and the legitimacy of the means to solve t

12、he problem of the right to life.situation. The fifth part discusses the conflict of life right which is not implemented as an emergency. Because the behavior is divided into two categories, and not as a way to implement

13、 the emergency accounting for the majority, relatively easy to identify. As a way to implement the implementation of the emergency although the number is not as good as the former, but because of its difficult to identif