Research On Criminal Liability Determination Of Damage To Third Party Caused By Defense Behavior

In recent years,justifiable defense cases have brought the relevant issues of defense behavior back to people’s vision.The latest judicial interpretation of justifiable defense issued by the two high schools has further improved the identification of justifiable defense,and also provided more comprehensive and detailed guidance for judicial practice.However,in some case,implementation of the defense behavior have a more difficult situation,namely the defense behavior through the relationship between attack and defence,make the innocent third party for defense behavior deviation or offender reason into a defense of closed relationships,which broke through the relativity of justifiable defense relations,therefore has a certain particularity.But the problem is,when a defensive act against unlawful infringer infringement and cause damage to the innocent third party law benefit,should be how to evaluate,the academic circles has been debated,but in general can be divided into two kinds: one kind is as a justification for the legality of certain behavior,including the "theory of justifiable defense" and "theory of emergency actions".The other is that the act is illegality,according to the infringement of legal interests caused by the form of criminal liability,including "hypothetical defense theory","hypothetical hedge theory" and "error theory" and so on.Looking from the present situation of the present judicial practice,in dealing with defense deviation of third party damage cases,although that person set up criminal negligence is a common practice,but most of the referee for the analysis of the theory,lack of persuasive,leads people to see only the judicial judgment of thinking as a result,and can’t see the thinking process of judicial judgment.In addition,it is worth further discussing whether the general identification of such cases as negligent crimes conforms to the principle of liability doctrine.In this paper,by using analysis method,comparative study,case method law research methods,such as damage caused to a third person for defense behavior evaluation question put forward own views of criminal law,based on the related theory of statement,deepening the theoretical research,and respectively from the "four elements" and "class" in the crime constitution system of two different analysis and study on the "wrong",In order to find a reasonable path for the special case of the third party’s damage caused by the defense behavior,we should break down the obstacle of the application of strike error in the defense behavior.Although the act of defense infringes upon the legal interests of the third party is a "small problem" in the theory of justifiable defense,it is not insignificant because it involves such issues as whether the act of defense is justifiable,the evaluation of liability and the protection of the legal interests of the innocent third party.The derivation path and conclusion of this paper are expected to deepen the research of self-defense theory and be beneficial to judicial practice.