The Theory Of Excessive Defense Of Judicial Identified

Citizens within the scope of the legal behavior which belongs to the one of method to justify behavior,its social harmfulness and personal harm to be ruled out.However,defensive behavior once beyond the necessary limitation and causes serious consequences,the behavior properties may be changed.This article starts with the historical evolution and behavioral nature of excessive defense,combined with the current legislation and the related theory,according to standards of excessive defense,the crime and criminal responsibility discuss the problem,and puts forward relevant suggestions and views according to the needs of judicial practice.This article is divided into five parts,the length about 40000 words.The first part is “the overview ",expounds the problem of excessive defense,mainly to related research significance,research status and research methods,at the same time,summarizes the innovation of this article.The second part is the introduction to the theory of "excessive defense",mainly through the analysis of the evolution of defense right theory at home and abroad,and then lead to excessive defense concept of defining the problem,and analysis the excessive defense behavior premise(justifiable defence),discusses the nature of excessive defense behavior,further defines the characteristics of excessive defense.The third part is the criteria to judge "excessive defense",first of all,summarizes the legislation and theory of foreign defense limit,then according to the consequence,discusses the criteria of judging excessive defense in China.At the same time,according the current relevant legislation of China about the excessive defense,put forward personal understanding to excessive defense decision criteria,in the end discusses the special defense relation with excessive defense.Form the fourth part is the form of "excessive defense",firstly,analyzes the current situation in foreign state of legislation,secondly,summarizes and evaluates the form of crime of excessive defense theory in China academic circles and put forward in this paper views.The fifth part is "excessive defense of criminal responsibility",first of all,set forth personal view of objective factors which influence of excessive defense of criminal responsibility to the individual.And then respectively analyses the excessive defense conviction and sentencing.