Yongjie-cai Imaginary Defense Case Study

"Warm" occurred in recent years, our country have charged events, especially some "warm" for "warm" the criminal responsibility, this phenomenon has caused wide attention and heated discussion of the whole society. Yongjie Cai "warm" killed an innocent person is one of the typical representative of this kind of case, though the case by the court, but the social from all walks of life have questioned, surrounding the case of qualitative and processing, courts and social people from all walks of life, not make people confused. This situation is not conducive to the judicial referee’s unity and the establishment of judicial authority. So it is necessary for this case the relevant theoretical issues involved in carding and clarification, on the basis of the qualitative and processing of the case is enough to convince the public and scientific conclusion, to clarify the theoretical differences and misunderstanding on the public, it not only has theoretical research value, but also to the judicial practice also has reference and guiding significance, but also has positive social significance. Surrounding this case are so much controversy, in the final analysis also theoretical issues related to China’s criminal legislation for this kind of phenomenon and life not clear specification. Therefore, in this paper, the study and discuss the case also provide thinking and good reference for the future legislation.This article is divided into four parts. The first part: the basic situation of the case. This part mainly introduces the Yongjie Cai "warm" killed innocent people the basic facts of a case, litigation process and the outcome, and the parties to the case qualitative and deal with differences of opinion, and then summarizes the case is the focus problem Yongjie Cai "warm" killed innocent people’s behavior is imaginary defense; What is the transgression of imaginary defense form; Imaginary defense can according to the accident processing. The second part: the legal analysis of the related problems. This part is mainly about the focus of the case involved the related theory problems on carding and clarification, for the following analysis Yongjie Cai "warm" to kill the innocent behavior qualitative and provide theoretical basis for processing. This part mainly discusses the connotation of the imaginary defense components, and the classification of imaginary defense and the difference of justifiable defence, and the transgression of imaginary defense forms, guilty of imaginary defense shall, in accordance with the accident processing, the final summary on the case. The third part: the analysis and conclusion of the case. With the second part for the part of relevant theoretical question concluded as the legal basis, and then to Yongjie Cai "warm" to kill the innocent act of qualitative analysis and processing, and it is concluded that Yongjie Cai "warm" to kill the innocent imaginary defense behavior was established, its behavior does not constitute a crime intentionally, also does not constitute a criminal negligence, and shall, in accordance with the accident processing. The fourth part, the research of the case. This part is mainly based on the foregoing the Yongjie Cai "warm" killed innocent case analysis, discusses the inspiration of this case to the judicial practice.