Peng, He --- "The classical cases of necessity and the difficult problems of the law" [2017] ELECD 1253; in Shi, Jichun (ed), "Renmin Chinese Law Review" (Edward Elgar Publishing, 2017) 147

Book Title: Renmin Chinese Law Review

Editor(s): Shi, Jichun

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781788110495

Section: Chapter 6

Section Title: The classical cases of necessity and the difficult problems of the law

Author(s): Peng, He

Number of pages: 23

Abstract/Description:

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