Theory Of Undue Defense

As a strong complement to self-defense system, over-defense system is a very important criminal law system and is a powerful weapon to achieve self-defense and protection of national citizens, public interests and lawful rights and interests. As an important part of the criminal law, it has already been discussed by the academia. However, from the perspective of judicial practice, the identification is still difficult for over-defense constantly. I believe that the problem is mainly due to the establishment of over-defense is not an accurate grasp of the conditions, resulting in an inappropriate expansion of the scope of over-defense, limiting the effectiveness of self-defense system.In order to scientifically defended the establishment of the conditions identified, the article is divided into three parts:The first part, defended overview.Defended this part of the system by examining the historical evolution and theoretical foundation, have defended the concept of the system, characteristics, nature and manifestations of such have a clear understanding of the conditions for the establishment of the system is ready.The second part, defended the establishment of conditions for analysis.This part has analyzed the establishment of conditions have from three aspects and also a major part of the article. Firstly, the premise conditions of the over-defense. This article has analyzed the establishment of over-defense from both the actor's subjective understanding and objective analysis of the performance. Secondly, the limits conditions of over-defense. Mainly deals with the understanding of the "necessary limits", "significantly more than" and "significant harm " . Finally, the subjective aspects of sin of over-defense. By understanding and grasping of the mainstream view, the author puts forward his own unique insight on the issue.The third part, defended the criminal responsibility.This part of the main solution is over-defense of the conviction and sentencing of two aspects, especially the main sentencing, including the sentencing of criminal responsibility should be considered in remission based on, other factors should be considered so.