Research On The Criminal Responsibility Of Putative Self-Defense

At present,the research for the nature of putative self-defense and its criminal responsibility still exist in theory and practice.The law does not give clear rules,so many different views are brought out to describe how to deal with it.This article based on the three-level criminal system.The main research is about the character,error types and criminal responsibility of putative self-defense.Furthermore,it explains the responsibility of excessive putative self-defense.So it makes the responsibility with its grounds more clear.And the criminal responsibility can be properly adapted to people who have such behavior.This article agrees that putative self-defense is based on the misidentification of unlawful infringement and defense consciousness.Among that,the former is the core problem,which relates to the cognition error of doers.There are many viewpoints on the error of putative self-defense.According to the substance of putative self-defense,it belongs to the independent error.Then talking about the criminal responsibility,it basically agrees with the limited liability theory of legal effect.As to the negligence responsibility,"die vorwurfverweisende Schuldtheorie" provided by professor Xu gives a more concrete element to judge and clear its system status.So the putative defender usually does not intentional,then to consider whether it constitutes a negligent crime.When it comes to excessive behavior,produce the concept of excessive putative self-defense.This behavior is related to the two stages of the judgment,so it has more complexity.Therefore,this article will classify it over defense type and responsibility,to explore the criminal responsibility of excessive putative self-defense and its restrictions of punishment under different circumstances.