A Study On Wang Changyou 's Death

Justifiable defense, a legal act, refers to actors fights against crimes under certain conditions in which they are unable to get public protection. It stems from unlawful infringement. Without unlawful infringement, there will not be justifiable defense at all. However, a case often occurs in real life:there is no unlawful infringement in fact, but for the actor forms a subjective view by mistake, and he performs the "Justifiable defense" that leads to the injury to innocent people. In this case, it is called maginative defense in our theory of criminal law:Maginative defense is a type of misconduct which results from the contradiction between subjectivity and objectivity and the contrary between motivation and results. There are relevant legal regulations for justifiable defense and excessive defense in our criminal law, while no legal regulation for imaginary defense is mentioned in it and even the study of it is insufficient, so many problems still needs further researching in detail.The paper takes the case of Wang Changyou’s negligence causing death as an example to discuss the imaginary defense systematically by affirming its concept, establishment conditions, character, fault form, essential limit and unlawful infringement and the actor’s criminal responsibility. It provides a sample for affirming imaginary defense in juridical practice:how to judge an imaginary defense case depends on analyzing the concept and whether the act meets the condition. Based on the character of imaginary defense and sticking to the correspondence between subjective and objective principle, the different intention between criminal law and psychology should be fully understood to define fault form of imaginary defense, i.e. imaginary defense would lead to negligent crime or contingency instead of intentional crime. However, the act may lead to intentional crime under the circumstance of excessive imaginary defense. The criminal responsibility of excessive imaginary defense taken by the actor mainly depends on the character and concrete situation. The punishment would be reduced according to the actor’s subjective viciousness and social harm.