On Accidental Defence

On the aspect of objective behavior, accidental defense and justifiable defense are similar.The main difference is whether the perpetrator himself has the consciousness of defense.Ideas is accepted that accidental defense equals to justifiable defense and avoid commit acrime based on the theory of behavior of no value and the unique principle of correspondencebetween subjectivity and objectivity, because the consciousness of defense is not necessary injustifiable defense. However, conclusion can be achieved from this thesis that is, on the onehand, the consciousness of defense is necessary in justifiable defense, and on the other hand,realize that accidental defense does not belong to justifiable defense and commit a crimebecause of behavior and result. This thesis analyses the basic feature of accidental defense,clarify accidental defense, make a distinction between accidental defense and justifiabledefense and make a theoretical preparation for the dispute from the concept andcharacteristics of accidental defense. Among the disputes on feature of accidental defense, thethesis would analyze every theory in detail and express the rationality of the theory ofbehavior without value. Finally, discuss the conviction and sentencing of accidental behavioron the basis of the act of behavior without value, especially whether reduce or remit thepenalty when the act of accidental defense was excessive when it comes to jurisprudence ofthe new liberalism.