Study On Excessive Imaginary Defense

There is no illegal violation actually,but the actor thinks mistakenly that his behavior is justifiable defense.Even if the illegal violation real existence,his defense beyonds the limits, brings serious damage to innocent others.Imaginary defense excludes the defense of object error or time error or limit error. Excessive imaginary defense is a independent concept which is different from over-defense and imaginary defense.The actor thinks that there is illegal violation should have objective basis.There is two types of illegal violation:serious social harmfulness、urgency.If the actor has not defense consciousness,his action wil not constitute excessive imaginary defense.When judge the appropriate limit of imaginary defense we can refer to the limited condition of justifiable defense,and strici control the standard.The offence form of excessive imaginary defense conclude intention、negligence and accident according to if actor has fault when he misunderstanding illegal violation and doing inadequate action.Excessive imaginary defense is not proper to apply the punishment remission of over-defense.But the judge can sentence appropriate remission on the basis of the principle of correspondence between subjectivity and objectivity,and realize the balance of sentence.