Accidental Defense Qualitative Research Of Criminal Law

As justifiable defence system under the system of a special concept,accidental defense is usually seen as a lack of defense meaning behavior withthe mutual fights, defense provocation, for the protection of illegal interestsand implementation of the defence together,to be studied in order to highlightdefense means in the important position that justifiable defense.But differentfrom mutual fights, defense provocation and for the protection of illegalinterests and implementation of the defense,accidental defense itself has somespecialities,although the person implemented an unlawful infringement, butobjectively caused the result of the criminal law allowed,"bad heart resultsin a good thing", and because this kind of subjective motive and objective effectof inconsistency (conflict between the subjective out purpose and objectivepurposiveness),how to comprehensive evaluate accidental defense will become anunavoidable question of the theory in criminal law and judicial practice.Sincethe beginning of this concept emerged, the debate about the qualitative problemof accidental defense is not ceased, because of the position of the criminallaw and thinking from different perspectives, the criminal law theory existdifferent point of view, in other word,accidental defense qualitative theoriesconflict reflects the oppsite and fusion between the subjectivism andobjectivism in criminal law ideological trend on the issue,and accidentaldefense could be punished? Whether or not to constitute a crime? If constitutesa crime, the crime form is accomplished or not,also because of Handlungsunwertand Erfolgsunwert are difficult in forming the consensus view. Through thecomparative analysis of the criminal law theory and mainland China’s criminallaw theory about accidental defense qualitative research in present situation,the purpose of this paper is based on the existing theoretical results, combinedwith our country criminal law context, the accidental defense qualitativereflection and discussion, and draw their own views and opinions in finally, in order to increase brick add watt for China’s criminal law theory and judiciarypractice.The paper from was systematically discussed from several aspects ofaccidental defense on qualitative research.The full text is about50000words,besides the preface and epilogue,is divided into four parts:The first part of the paper, a questions posed-a trigger thinking from acase. This part use a settlement of the dispute case of thinking as a entrypoint.According to the point of view that domestic scholars deny accidentaldefense qualitative research,confirmed the accidental defense this special formof existence, and detail argued on the value and meaning of this thesisstudies,for below on qualitative research provides a basis for the paper.The second part, the premise of question: the summary of accidental defense.This part belong to front-loading of qualitative research, accidental defensequalitative research should make clear what is accidental defense first.Thispart mainly analysis on the concept, characteristics and classification ofaccident defense,redefine the connotation and extension, claiming thataccidental defense include the negligence defense. At the same time,the paperwill be distinguished among accidental defense,accompanying defence, andimaginary defense and defense provocation, fight each other and the defense forillegal interests.To explicate its nature and statue, so as to lay a foundationfor the dispute on the qualitative study.The third part, the controversy of the problem:investigation on accidentaldefense dispute between the foreign and local.This part is the key of this paper,according to the accidental defense qualitative problems, no matter the mainlandcriminal law theory or our country criminal law theory opinions,formed a varytheory, based on the investigation of various theory which are reviewed, byanalyzing the existing defects of the theory, and points out the essence thataccidental defense dispute is the controversy on Handlungsunwert andErfolgsunwert, and strife, and divisions, and accordingly explain Handlungsunwert and Erfolgsunwert briefly, and points out that the choice ofposition shall be connected with the context of the criminal law,which can playthe function of the interpretation.The fourth part, to the solution of the problem:the reflection of accidentaldefense qualitative in our country criminal law context. This part belong tothe conclusion for the paper,via the above all sorts of views and essence ofthe investigation, this paper proposes the localization of accidental defensequalitative research that combines our country criminal law context to make itsreasonable explanation, rather than around Handlungsunwert and Erfolgsunwert,and put forward the accidental defense qualitative conclusion-accidentaldefense is not classified as justifiable defence, and also not established crime,and then vest it in a outer super regulations of non-criminality. And this articleconclusion can be used to reasonably explain the difficult problem whichaccidental defense could be defended, for demonstrating the feasibility of thisconclusion, and at the same time, responded for this article conclusion whichpossibly questioned and discussed, in order to make the conclusion morepersuasive and workability.