About accidental defense qualitative problem,the current academic circles put forward various views,also made a more theoretical achievement,accidental defense is important in the criminal jurisprudence theory,the accidental analysis of accidental defense whether can be fined on the deeper analysis of the,should belong to distinguish between subjective elements in the illegality judgment elements should be attributed to crime has great significance.Therefore,it can be said that study accidental defense for studying crime has view,to take the role.Despite foreign scholars studying accidental defense problem earlier,but our country about the accidental defense qualitative and punishment from the theory research and the specific operation are not mature enough.In theoretical research results without value theory and behavior value theory scholars disagree,in especially the legislative,judicial practice research is very little rules;In the qualitative study of accidental defense behavior and punishment is necessary to further study and exploration,consummates our country punishment law theory,enrich punishment law research.Through the specific case of murder were analyzed,and the related knowledge of accidental defense research,on the basis of the results without,summarized the different position on illegality judgment analysis,case accidental defense behavior judgment and evaluation,has illegality judgment on whether a behavior that is later found such as:just subjective elements such as intent,negligence,purpose,and should not be classified as illegality evaluation factors,thus has the representative said no value theory is the result of innocence,its core idea is defense of justifiable defense. |