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On Defense Object Error

Posted on:2019-04-23Degree:MasterType:Thesis
Country:ChinaCandidate:R X LiFull Text:PDF
GTID:2416330548951657Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The defense object error is that the victim is not the perpetrator because of subject error or attack error.The defense object error belongs to the fact error of justifiable situation and is confused with imaginary defense.It results many scholars misunderstand the subjective form of the defense object error.Also,there is bias in understanding the range of the defense object error.So centering the defense object error,this paper combines the scope of the defense object error and the bounds with other relevant concepts,denies the possibility of being justifiable situation,proves the subjective form from three angles and finally discusses more complex defense object error according to the above result.The full text is divided into four parts:The first part introduces the defense object error.This paper distinguishes the defense object error from legal error of justifiable situation,imaginary defense and the defense from the third person by the cleaning-up of the its traits.The culpability of the object error and attack error will be different because of different theories.So after introducing the difference of narrowly defense object error and defense attack error,this article emphasizes the consistencies and similarities.So it can reduce the burden of the discussion of culpability on later paper and discipline the argument.The second and the third part both discuss that whether the defender need to take the criminal responsibility.The second part describes the propositions and the flaws of justification for the defense object error.This paper will counter this arguments promoted by the supporters.And it proves the defense object error does not satisfy the elements of legitimate defence and emergence and the justification for the defense object error is not possible.The third part presents the form of sin.Because the theory of error and intention are two sides of the same picture,the paper analyzes the sin of defense object error from classic classification error,the four elements crime constitution theory and the object of intention.There contexts all can prove the defense object error hinders on purpose.Although it demonstrates the properties of error and the form of the sin,it provides theory gist for supporting classic classification error,the four elements crime constitution theory.The forth part is that point of the solution of the more complex defence object error.In fact,most defence object error exists in the form of the superposition with other defense error.Firstly,this paper affirms the existence of the superposition of defense object error and the theory value.And then,based on the conclusion of the culpability of defence object error,by dividing the superposition into the different culpability patterns,the paper discusses the culpability of the superposition of defense object error and the criminal liability.
Keywords/Search Tags:defense object error, fact error of justifiable situation, imaginary defense, classification error, the superposition of defense object error
PDF Full Text Request
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