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For thieves and robbers who are committing crimes, it is not that they cannot be beaten, but the resistance to their criminal behavior should be skillful and to the degree, that is, the blow to them must be within the limit of legitimate defense - enough to make him stop committing crimes, if your blow to him has already made him stop committing crimes, and you continue to fight, it is excessive defense, and you may be liable for intentional injury or even intentional homicide. Therefore, in the fight against crime, it is necessary to stop in moderation.
The law stresses justice, everyone is equal before the law, ordinary citizens have the right to protect their property, and thieves and robbers also have personal rights. In the value system of law, justice, freedom, and order are all due meanings, and a good legal system must be able to balance these value factors.
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In fact, for this kind of person, my personal opinion is that defense is allowed to be excessive, because he is a preemptive striker, and the premise of subduing him is to fight him, otherwise if he resists frantically, you will be ......a dead endIn fact, the deterrent effect of the current law is obviously weaker than in the past, and it has sp......oiled the current criminals
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Justice should pay attention to reciprocity, the thief stole 30 yuan from you, at most it is your food expenses for two or three days, you injured him, and asked him to spend 300 yuan**, that is your food expenses for a month, are you ruthless or a thief? Are you righteous?
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Legal analysis: Law and justice are interrelated and mutually reinforcing, and fairness has played a certain role in promoting the development of law.
Legal basis: Civil Code of the People's Republic of China
Article 6: Civil entities engaging in civil activities shall follow the principle of fairness and reasonably determine the rights and obligations of all parties.
Article 151:Where one party takes advantage of circumstances such as the other party's state of distress or lack of judgment capacity, causing the civil juristic act to be clearly unfair when it is established, the injured party has the right to request that the people's court or arbitration body revoke it.
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What is the relationship between law and justice? The relationship between law and justiceLaw and justice are interrelated and mutually reinforcing, and justice has played a certain role in promoting the development of law. Justice, as the highest goal pursued by law, is the criterion for distinguishing good law from bad law, and has always been the spiritual driving force for the evolution of law.
At the same time, the law is also an important means of achieving justice, and the minimum requirement for justice is to limit arbitrary violence. The law uses the coercion of the state to protect the legitimate interests of social subjects, and to achieve social justice by adjudicating disputes and punishing unjust illegal acts. The influence of the concept of justice on the law is mainly reflected in the following aspects:
1. Justice is the spirit of the law. The law is a reflection of the will of the ruling class. But as the ruling class, they cannot depart from the popular and universal notion of justice to make laws.
Laws that deviate from justice have the name of law, but not the reality of law. The law without the spirit of justice is lost in which the members of society lose faith, and no one respects it and obeys it. Without the spirit of justice embedded in it, the law cannot play its due role.
2. Justice is an important yardstick and standard for measuring the merits of law. The criteria for measuring the merits of a law are varied. Among them, whether the law meets the requirements of justice is an important criterion for evaluating the merits of the law.
If a law appears to the majority of society to be unjust, it is bound to be opposed by the majority, no matter how useful the legislator may think it may be. (2) The role of law in justice is reflected in the following aspects: 1. The law guarantees distributive justice.
Every society has a large amount of natural and social resources. Therefore, it is necessary to have a set of principles that embody the justice demands of the majority of people to guide the members of society in the appropriate allocation of resources, interests, and burdens, so as to ensure the utilization of resources, the sharing of interests, and the orderly bearing of burdens. 2. When distributive justice is not realized, corrective justice plays its role.
Corrective justice refers to the re-establishment or restoration of distributive justice in accordance with the principle of equality when it is destroyed. If a person violates the rights or property of another person, remedial justice requires the aggressor to compensate the victim for the loss or to impose a penalty commensurate with the offender's actions. The relationship between law and justice is extremely complex, and what has been discussed above is only a simple understanding of the relationship between justice and law, and between law and justice.
The understanding of justice is different in each era, and therefore, the legislators in different eras have different understandings of the same phenomenon. Do you understand this explanation?
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Justice, in itself, is divided into formal justice and substantive justice. First of all, formal justice, as the name suggests, is to ensure that the form is just, that is, it is just and fair in the litigation procedure, and there can be no favoritism in the litigation procedure.
That is, formal equality is first guaranteed, and as legal subjects, both parties are equal before the law. Substantive justice, on the other hand, is a kind of justice in consequence. That is, to seek a compromise justice in terms of outcome and, in substance, for both sides.
This kind of justice is achieved mainly by sentencing.
Therefore, the law is essentially a tool to maintain the rule of the state, and in this regard, the law protects the interests of the whole, that is, it is an absolute justice. For individuals, the law is a way to achieve ultimate justice for both parties. Therefore, in the end, the law is trying its best to uphold fairness and justice.
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It is a means and art to mediate people's interests, resolve contradictions, and uphold justice.
The issue of justice in legislation is the issue of establishing a rational system, changing and innovating the legal system, and establishing the criteria for the distribution of benefits. The issue of justice in law enforcement and justice is an issue of implementing and maintaining the established standards and systems so that they can be further developed and improved in the course of stability. The two are interrelated and mutually restrictive.
The justice of the law is divided into substantive justice and procedural justice. Substantive justice means that, on the basis of ascertaining the facts of the case, the law is correctly applied, and the matters disputed by the two parties have been fairly adjudicated by law.
Procedural justice refers to the process of resolving the disputed matter by the parties through legal means, and the process strictly complies with the requirements of the law.
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Your formulation of this question is wrong. First of all, it is necessary to understand the objectivity of law and the subjectivity of justice.
The objectivity of the law is manifested in the artificial transformation into objective materialism based on the existing logic, society, and interest cognition, based on the idealistic principle of fairness and justice. Law is an example of the transformation of subjective idealism into objective materialism.
And justice is only the subjective person's own beliefs, morals, and responsibilities.
The two are irrelevant. Therefore, there is no justice or injustice in the nature of the law, only interests (actionable or intangible).
Food and clothing are sufficient to know honor and disgrace, and Cang Liao is practical and reasonable.
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