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ZENODO
Journal . 2026
License: CC BY
Data sources: ZENODO
ZENODO
Journal . 2026
License: CC BY
Data sources: Datacite
ZENODO
Journal . 2026
License: CC BY
Data sources: Datacite
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Determining Justifiable Self-Defense Based on Statutory Penalty Differentials

Authors: Tuobang, Li;

Determining Justifiable Self-Defense Based on Statutory Penalty Differentials

Abstract

The identification of justifiable self-defense has long been mired in a disconnect between "doctrinal complexity" and "public sense of justice." Although modern criminal jurisprudence has constructed a comprehensive theoretical framework—encompassing unlawful infringement, defensive intent, and necessary limits—its highly abstract terminology and complex balancing of legal interests have not only increased the risk of judicial discretion but also significantly raised the social cost of legal interpretation. In the face of urgent public demand for justice in "counter-killing" cases, traditional vague reasoning can no longer provide stable legal expectations. This article proposes a quantitative determination model based on Statutory Penalty Differentials by integrating sentencing penalties with the principle of balancing legal interests. The model simplifies complex defense determinations into an equivalence calculation between "infringement intensity" and "defense level." Through fitting and deduction of a series of landmark cases, the results derived from this model are highly consistent with the rulings in official guiding cases. This demonstrates that the quantitative model possesses strong empirical value in simplifying legal interpretation and unifying judicial standards, providing an intuitive benchmark for the public to understand the law.

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    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
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    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average