Re: [閒聊] Biconnected Components已刪文
This article aims to analyze the justification of self defense in criminal
law as well as its effects. Other than the generally accepted view point that
argues: “defender protects himself and legal order at the same time”, the
author proposes a new idea: defender merely safeguards himself without
protecting the order of law. The offender should waive partial protection of
law while he tries to illegally damage the defender. As for the range of
waived interests of offender, it is supposed to be in accordance to the
severity of illegal offense. This view point can be named as “Partial Waiver
of Defender’s Interests Theory.” In this regard, , the author further
discusses the legal issues relevant to self defense as follows (1) The
defender has no obligation to escape or take milder measure for his
protection due to the legal protection of offender’s interests has been
waived; (2) However, as the defender intentionaly provokes the circumstances
of self defense, he shall try to escape. Only if the escape from the spot is
no more possible, the defender is entiteld to take milder defensive measures
to protect himself. (3) The offender has the solidarity obligation to endure
the invasion arising from the third party who aims to help the victim protect
his interests.
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