The Theory Of Accidental Defense

Accidental defence is a kind of special situation under the system of justifiable defense theory,generally refers to the accidental defense when conducting the infringement behavior of others,to others is implementing a violation,thus objectively by chance to avoid the illegal violation result happened.The occurrence of accidental defense has a great chance,extremely rare in practice,but the study of this problem in criminal law field and discusses the enthusiasm is enduring,with respect to its qualitative and deal with the claims there are different or even contrary.Investigate its reason,the accidental defense that can test the basic position of the criminal law scholars,can take an examination of is their methods of criminal law interpretation,can reflect their standard of the illegality judgment and attitude.About the nature of the accidental defense,scholars from the behavior of no value and the value of different standpoint,puts forward the behavior theory with said,the results without the axiology said of innocence,behavior theory of attempted and attempted results without a theory of value,etc.The author in the study and draw lessons from Chinese and foreign scholars on the basis of different theories about accidental defense,focusing on the focus of accidental defense question,from different perspectives of accidental defense in-depth discussion and analysis,the qualitative process of no value based on the results of position,think accidental defense attempted to constitute a crime.This paper mainly includes four parts:The first part: the ontology of accidental defense issues.This part systematically expounds the accidental defense basic problems,such as the concept,types,characteristics,in order to provide the basis for subsequent research and theory.The second part: the analysis of defense consciousness of justifiable defense.This part is mainly from the necessity of defense consciousness and text interpretation,etc.,has carried on the system to defense consciousness,this paper has been clear about the defense consciousness is the necessary condition of justifiable defense.By accident and distinguish the justifiable defense,defense,in turn,negative view of "not guilty",and further demonstrates the accidental defense to constitute a crime.The third part: analysis of accidental defense results.This part firstly of accidental defense made a brief analysis of the result.Under the premise that certainly accidental defense if the case constitutes a crime,in comparison with the result,summarizes the main viewpoints on its own path.Claims against the theory put forward by comparison with the one-sidedness of the criticism,and then demonstrates the accidental defense was not accomplished crime.The fourth part: debate about risk analysis of accidental defense.This part is mainly about theory of academic circles and determination of risk standards and analyzes the differences;Based on correcting the objective danger theory,in the above no accidental defense was established based on crime accomplishment,accidental defense set up a criminal attempt refers to a further argument.