Study On Sin Of Excessive Defense

In the defense system,excessive defense is extremely important.Excessive defense judgment is also one of big problems in judicial practice.The sin of excessive defense is one of the most controversial problems of excessive defense.On the theory and Judicial practices,there are so different opinions in defining the form of sin of excessive defense.Base on this,this article try to study on sin of excessive defense.Chapter 1 introduces the concept,the characteristics and the Legislative provisions of excessive defense.through analyzes the opinion of the Scholars,and the relationship between self-defense and excessive defense,Subchapter 1 delimits the excessive defense as that,In the defense process,the defensive behavior exceed the necessary limits significantly and cause significant harm.Through compare excessive defense with self-defense and the general crime,Subchapter 1 summarizes the characteristics of excessive defense.Subchapter2.introduces the Legislative provisions of excessive defense in national law and foreign laws,and analyzes the reason why the penalty of the excessive defense "should be reduced or waived".Chapter 2 analyzes the defense intention.Subchapter 1 introduces the definition of defense intention,and analyzes the issues in academic about the necessity of defense intention;and then introduces scholars' different opinions about the content of defense intention,and concludes that the content of the defense intention including defense realization and defense purpose;Subchapter 2 analyzes the content of defense realization;Subchapter 3,by analyzes the "purpose" and "motive",clarifies the content of defense purpose and defense motives.Based on clarifying the content of defense motives,Subchapter 4 further analyzes the situation that multiple motives coexist in the defense process,as well as the nature of this situation.Chapter 3 analyzes the form of sin of excessive defense.Subchapter 1 introduces legislation model about form of sin of excessive defense in different counties,and offer some legislation suggestions for national criminal;Subchapter 2,introduces scholars' opinions about the forms of sin in excessive defense.And then combine with the theory of sin,analyzes direct intentional,indirect intentional,negligent fault and confident fault from the aspects of the factor of realization and the factor of will,and draw a conclusion that,the forms of sin of excessive defense are including indirect intentional and negligent,but not a direct intentional excessive defense exist.