Analysis Gone Too Far In The Form Of Sin

The unjustifiable self-defense is an important supplement to the justifiable self-defense. Research on unjustifiable self-defense is of great significance for a correct understanding of justifiable self-defense, protection the exercise of the civil defense right in criminal law, as well as the protection of the legitimate rights and interests of citizens. The subjective sin is an important component of the elements of the unjustifiable self-defense, which is of a greater controversy in the academic; therefore, it is necessary to carry out a thorough examination on this issue.In the article, from its basic definition, the author thinks that the unjustifiable self-defense belongs to defend behavior, which is of the intention of defense, as well as justifiable self-defense and special justifiable self-defense. It is only because people's wrong understanding between the defenses behaves and results and thus causing serious harm consequences that it is different from justifiable self-defense and special justifiable self-defense. Therefore, the unjustifiable self-defense is a crime that should bear the criminal responsibility. Meanwhile, the unjustifiable self-defense is different from ordinary criminal acts. In fact, the unjustifiable self-defense is of both the natures of defense and crime. And the nature of defense of the unjustifiable self-defense, that is, the unjustifiable self-defense there were defensive intention, is the root cause of the differences between the unjustifiable self-defense and ordinary crimes in the conviction and sentencing.The subjective sin of the unjustifiable self-defense is the behavior's wrong understanding on the relation between the defenses behaves and results. It also includes the sin factors and will understand factors as ordinary crimes requested. The subjective sin of the unjustifiable self-defense includes defensive intention and the content of the subjective sin. Defense intention is that the exercise of the unjustifiable self-defense defense is against the unlawful acts, and unlike ordinary crimes. The subjective sin of the unjustifiable self-defense is the same as ordinary crime acts, includes directly intention, indirectly intention, too confident negligence or negligence, etc.Banzuo three parts of the article, it is about 30,000 words. In the first part, the author describes the general theory of unjustifiable self-defense, and has a simple comparison between the unjustifiable self-defense, self-defense, and special justifiable self-defense. Through this part, the author intended to clarify the unjustifiable self-defense, justifiable self-defense, and special justifiable self-defense are all defensive behaves, have defensive. However, the three have evidently difference. The unjustifiable self-defense is a crime denied by criminal law, the latter two is the legal behave. The nature of defensive and crime is the key to understand the unjustifiable self-defense.In the second part of the article, the author simply introduces the general conditions that constitute an unjustifiable self-defense, including the author's understandings of unjustifiable self-defense form of expression, the establishment of conditions, and so on theoretical understanding. The purpose of this section is, by a general discussion of the unjustifiable self-defense elements; further improve the understanding of the nature of the unjustifiable self-defense, and lays the foundation for the discussions below.The third part is the focus of the article. In this part, the authors elaborate on the form of the sins of unjustifiable self-defense. The author always believed that the key to understand defensive acts, including the unjustifiable self-defense, justifiable self-defense and special justifiable self-defense is the intention of legitimate defense. In the unjustifiable self-defense, the defense intention is also included, as other defense acts. However, the unjustifiable self-defense is denied by criminal law. It has both the nature of defensive and crime. This is the key difference between this three defense acts.Both the defense intention and criminal sin can co-exist in the unjustifiable self-defense; defensive intent is the root cause to the different between the unjustifiable self-defense and ordinary crime. The unjustifiable self-defense is still a criminal act, still resisted by the criminal law and punishment. The subjective sin of unjustifiable self-defense can be any one of the four: directly intention, indirectly intention, too confident negligence or negligence.In short, the author believes that, the unjustifiable self-defense is a special defense behaves, and at the same time has the nature of crime and defense. The unjustifiable self-defense first acts as a crime, is a social harm behavior. But it can not be ruled out its defensive. With the justifiable self-defense and special justifiable self-defense, also has the unjustifiable self-defense of defensive intent. It was only because the behavior acts in the exercise of defense, with wrong acknowledge about the relationship between the criminal reason and result. And due to this wrong acknowledge some serious social harm will happened. The unjustifiable self-defense then acts as a crime, is social harm behavior. Defense intention is the root cause of the difference between the unjustifiable self-defense and other ordinary crimes. It is also the reason to criminal law in the sentencing of such acts made special provisions for the host. However, there is no content of contradictions between the defensive intention of unjustifiable self-defense and its subjective sin. There is no major difference between the subjective sins of the unjustifiable self-defense and other ordinary crimes. The subjective sin of the unjustifiable self-defense can be directly intentionally, deliberately indirectly, the fault of too much self-confidence and the fault of negligence of four forms, as other ordinary crimes.