Theory Of Excessive Imaginary Defense

Real life existence of such a phenomenon: in fact does not exist unlawfulinfringement, and the behavior of people mistakenly thought to exist, and for theimplementation of the so-called "defensive" behavior, but even unlawfulinfringement is an objective reality, significantly more than the legitimate defense ofthe necessary limits. Theoretically, in the Criminal Law, many people commonlyreferred to as "imaginary over-defense. China’s criminal law have defended when therelevant provisions. But supposedly over-defense is more complex than theover-defense, it is necessary to explore in detail. In this paper, the supposedlyover-defense as the core, to explore how to identify and punishment supposedlydefended when the problem is divided into three parts, in addition to the introductionand conclusion.First portion of the imaginary defended when the overview. Only acts ofunlawful infringement accurate judgment, in order to correctly distinguish betweenthe hypothetical defense and self-defense. We can illicit nature of the infringement,range up to judge the existence of unlawful infringement. The imaginary defense isconducted on the basis of unlawful infringement misconceptions defensive behavior,thus accurately grasp the illegal violation of the essential elements of a correctunderstanding of the imaginary defense. Imaginary defensive, refers to the behaviorof people mistakenly believe that there is a reality of unlawful infringement,implemented since considered the behavior of self-defense, and defensive behaviorbeyond the limits of necessity, to cause significant harm to innocent others situations.Thus, supposedly over-defense is based on the premise of imaginary defense.The second part of the imaginary over-defense practice identified-the limits ofnecessity "considerations. First of all, the discussion this around the necessary thingsis limited to self-defense. Understanding and significantly is more than significantdamage. Finally, it is more than necessary to determine whether the imaginarydefended when the defense behavior based on the basic principle and supposedly over-defense defense strength and defense psychologically considerations necessarylimits adapt.The third part of the imaginary over-defense is criminal responsibility. Basedon the imaginary defense is erroneous understanding of the nature of the acts coursenegates intentionally, deliberately but on hypothetical over-defense should be basedon the principles of structured discussion, a double fault imaginary over-defensenegates a single error does not necessarily negates intentional. The supposedlyover-defense is divided into indirect intent, negligence, accident. Press classifiedimaginary defended when the defense people convicted and punished.