Renmin Chinese Law Review
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Renmin Chinese Law Review

Selected Papers of The Jurist (法学家), Volume 5

Edited by Jichun Shi

Renmin Chinese Law Review, Volume 5 is the fifth work in a series of annual volumes on contemporary Chinese law which bring together the work of recognized scholars from China, offering a window on current legal research in China.
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Chapter 6: The classical cases of necessity and the difficult problems of the law

Selected Papers of The Jurist (法学家), Volume 5

He Peng

Abstract

Domestic academics have not paid much attention to the introduction and analysis of Western theories of necessity. The continental law system and the common law system have different ways of lawmaking and legal practices. However, both of them recognize the reason of necessity. Necessity can be justified as a special right, or a justified defense. This article will introduce and analyze Western theories of necessity, to fill the gap in the domestic academic debate, as well as to provide a reference for future Chinese legal practices. Keywords: Necessity; right; excuse; criminal offences

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