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It's up to the lawyers and judges. If the lawyer is eloquent, and the judge hates the robbers, then you are likely to be innocent.
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It doesn't have to be excessive, it depends on whether the situation at the time can apply unlimited defense.
When you think of the measure of social value, the legislator also thinks of it when it is legislated.
It's not purely consequential.
However, in the end, if the judge finds that it is excessive, it will be found that it is intentional injury (causing serious injury or death), but when sentencing, it will take into account your voluntary surrender and your situation at the time, including your consistent behavior, and basically will not sentence the actual sentence.
If you are found not guilty, there will be no record, and if you are found guilty, you will have a criminal record, even if you are exempt from criminal punishment.
The principle is that those who can turn themselves in should turn themselves in quickly.
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If the other party is committing an unlawful infringement to the point where you died, you fight back, and as for the death of the other party, it is generally handled as legitimate defense, but if your counterattack clearly exceeds the degree of the other party's unlawful aggression, it constitutes excessive defense and you need to be liable.
In your case, your case is suspected of excessive self-defense, which should be the crime of negligent grievous injury or the crime of negligence causing death. Excessive defense is only a consideration of the sentencing circumstances that you should have mitigated or waived the punishment.
However, it is up to the court to determine whether the punishment will be mitigated or exempted and how the punishment will be mitigated according to the actual circumstances.
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College students need to know that the law is one of the important factors in maintaining the normal functioning of society.
College students are bound by the law when they are active in school and in the general environment of this society.
You can't do things prohibited by the law, and at the same time, you must understand that Sun Dan has to use the law to protect himself. then know the disturbance.
The law is the most powerful tool for maintaining the stability of the country and the vigorous development of various undertakings, and it is also a tool for defending the rights and interests of the people, and it is also a means for the ruler to rule the ruled. A law is a set of rules, usually through a set of systems to enforce them.
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Legal Analysis:1First of all, you should be interested in the law first, and if you think it is abstract, you can watch wonderful movies, American dramas, and British dramas (such as:
Secondly, to understand the past and overview of legal thought, legal practice, and legal system: you can read "History of Western Legal Thought", "History of the Legal System of Foreign Hail Countries", and "History of Chinese Legal System" are compulsory courses, but they require Chinese skills. .
Listen to the teachings of the masters and enlighten your wisdom.
Legal basis: "Civil Code of the People's Republic of China" Article 1: This Law is formulated on the basis of the Constitution so as to protect the lawful rights and interests of civil subjects, to adjust civil relations, to preserve social and economic order, to meet the requirements of the development of socialism with Chinese characteristics, and to carry forward the Core Socialist Values.
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Legal analysis: Law is the embodiment of the will of the ruling class and the ruling tool of the state, and the law is the most powerful tool for maintaining the stability of the country and the vigorous development of various undertakings, as well as a tool for defending the rights and interests of the people.
Legal basis: Constitution of the People's Republic of China
Article 2 All power in the People's Republic of China belongs to the people. The organs through which the people exercise state power are the National People's Congress and local people's congresses at all levels. In accordance with the provisions of the law, the people manage the affairs of the family, the economy and culture, and the affairs of society through various simple paths and forms.
Article 5. The People's Republic of China governs the country according to law and builds a socialist country ruled by law. The state upholds the unity and dignity of the socialist legal system.
All laws, administrative regulations, and local regulations must not contradict the Constitution. All state organs and armed forces, all political parties, all social organizations, and all enterprises and institutions must abide by the Constitution and laws. All acts that violate the Constitution and the law must be investigated.
No organization or individual may have privileges that go beyond the Constitution and laws.
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This issue is a common concept in law, especially in criminal law, when judging the subjective attitude of the perpetrator.
Knowing means that the actor is clear about the possible consequences of his or her actions at the time of the act, and that the act must lead to a definite result, and of course, whether this result will occur as expected is another question.
It should be known that it means that at the time of the act, the actor may not have expected the possible outcome of his act, or he may have anticipated it but believes that he can control the occurrence or non-occurrence of this result, but according to the understanding of ordinary people or the ordinary level of understanding of society, it is a normal phenomenon that this behavior will lead to such a result. This happens most often in a state of negligence, and sometimes it also occurs when there is indirect intent.
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Where an adult causes injury to a person, his guardian bears responsibility for compensation; Inheritance rights are equal between men and women, and daughters have the same inheritance rights as sons, including their share of inheritance;In the event of a traffic accident on the way to and from work, you can enjoy work-related injury insurance benefits, including shopping for groceries while leaving work;Those who are dissatisfied with the fines, revocation of licenses, administrative detention and other acts of the administrative organs may apply for administrative reconsideration; The time for being summoned or custodial summoned by the public security organs must not exceed 12 hours, and in special circumstances must not exceed 24 hours.
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First of all, understand the criminal law and ensure that it is not a criminal law blind; secondly, understand the general principles of civil law and know how to deal with common civil relationships; In addition, it is very common to understand the laws that are closely related to us ordinary people, such as marriage law, inheritance law, adoption law, contract law, etc.
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Knowledge of administrative law. It is necessary to understand what administrative acts are, master the administration of citizenship and public security, know the management of resident ID cards and household registration, labor contracts and labor disputes, individual income tax, state compensation law, arbitration and notarization.
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Knowledge of civil law. Master the contents of civil rights and interests, civil legal acts, marriage and family, property inheritance, consumer rights protection, housing sales, leasing and demolition, intellectual property protection, and medical malpractice.
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There is no password for credit cards, only a signature is required. When stolen, the merchant bears the main responsibility. Because the merchant is obligated to review the signature. However, if the password is stolen, the individual needs to bear the corresponding responsibility, because the credit card holder has the obligation to keep the password.
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The most closely related to us is the traffic law, don't drink and drive, driving without a license and other things must be understood.
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Knowledge of economic law. The main focus is on understanding limited liability companies, private businesses, sole proprietorships, sole proprietorships and partnerships, and contract law.
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Knowledge of criminal law. We know that sometimes we have violated the law, but we have not violated the criminal law, so it does not belong to the category of crime, but we still need to know what a crime is and its related content.
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Civil law is the most closely related to the life of the individual. In any case, it is always good to know a little more about civil law.
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First of all, you should understand the labor contract law, otherwise how to sign the labor contract and how to protect your legitimate rights and interests?
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Any dynasty has money and power is the law, as long as it does not kill people and commit treason, nothing else is ......The opposite is ......
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1.It is important to recognize that abstract laws are rules and regulations.
2.It is important to recognize that specific laws are acts, practices and actions.
3.It is important to recognize that the law is a kind of speculation and that everyone is equal before the law.
4.It is necessary to realize that the law is a kind of practice, and only by implementing it can fairness and justice be achieved.
5.It is necessary to realize that the law is a kind of faith, and only by believing in the law can society be more stable.
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To understand the law by learning legal knowledge, you can read the Constitution of the People's Republic of China, the Civil Code of the People's Republic of China and other relevant law books to strengthen the understanding of legal knowledge.
"Legal counsel" business is the traditional business of the law firm, contracting the business, handling the affairs is the most common service of the law firm lawyers, it is normal, in the law firm business, the proportion of "legal counsel" business generally accounts for more than 40%, and the law firm that does a better job mainly lies in the consulting unit).
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