The Research Of Hypothetical Excessive Defense

In real life,there are often cases in which a party has mistakenly carried out the act of"seeing righteousness" or "justifiable defense" due to cognitive errors,and has caused serious damage to the facts.In judicial practice,the trial of such cases is usually very embarrassing.First,the subjective aspect of the perpetrator is usually in good intentions.Excessive punishment is easy to damage the enthusiasm of others.Second,the behavior itself has serious consequences and is not punished according to the law.It is also contrary to the basic principles of our laws.Jurisprudential analysis,imaginary defense,immediately and objectively,there is no illegal infringement,but imaginary defensive actor mistakenly believes that the national,collective or social public interest,as well as the legitimate rights and interests of other citizens,are urgent.The threat of unlawful infringement has carried out the defensive behaviors that it deems necessary,and has taken inappropriate defense measures due to previous misconceptions,and this means of defense has clearly exceeded the necessary limits,and has caused significant damage to the imaginary unlawful aggressors.Personal injury results.Imaginary defense and imaginary defense and defense have a partial overlap with defense in terms of main elements,time elements,and object elements,but not a legitimate defense and defense.In China’s current legal system,in terms of regulating the application of imaginary defense and imaginary defense,there is no perfect and systematic content to make clear provisions.In the case of impossibility,judicial practice is too imaginary to defend.It is based on intentional injury,even if the case can successfully complete the legal procedures,,but ultimately can not escape the "double lose" ending,whether it is on behalf of the country’s public prosecutor,or out of a bloody,stand up to protect the legitimate rights and interests of the imaginary defenders who I can’t laugh,even for the public who stand on the sidelines,this ending is too heavy.The imaginary defense of guilty conviction is essentially a conflict between two different legal values,which is also contrary to the moral cognition of our entire society and the evaluation of the overall value of society.In order to alleviate the conflict of legal values and reduce the opposition between private interests and fair rights,it is necessary to conduct in-depth research on the relevant content of imaginary defense to balance the relevant interests.This article is divided into five parts.The first part briefly describes the research background and the significance of the topic.It shows that this article is based on the "mortgage shot and killing case" and "Cai Moumou’s hypothetical defense case",and discusses the relevant contents of the hypothetical defense.The second part briefly summarizes the related concepts of imaginary defense,and discusses the types of imaginary defense,the difference between imaginary defense and similar concepts.The third part comprehensively analyzes the constituent elements of imaginary defense.Based on the original three-parts,it puts forward the criteria for the determination of five elements.The fourth part systematically discusses the sinful forms of defensive deficiencies and analyzes the legal responsibilities of related forms,which are classified into intentional crimes,negligent crimes and accidents.The fifth part discusses the conviction of imaginary defense of criminal liability,discusses the reasons for negating the new conviction of increasing imaginary defense,and puts forward suggestions on the sentencing of imaginary defense behavior,that is,not applicable.Relief,but criminal liability can be mitigated as appropriate.