Qualitative Research And Analysis Of Accidental Defense

Casual defense is a concept derived from legitimate defense.The problem of accidental defense is mainly developed from Japan.Japan also has different views on the concept of accidental defense.In the first view,accidental defense means that the behavior of the actor is not related to his subjective intention,and the accidental defense meets the objective conditions of legitimate defense.The second view,accidental defense refers to the subjective lack of intention of the actor,but the behavior has objectively played a role in defending the legal benefits.With a large number of scholars studying in Japan and Germany,China has gradually begun to discuss the issue of accidental defense.Wilzel,the first proponent of behavioral worthlessness,analyzes and clarifies behavior by subjective and objective aspects.Subjectively,the perpetrator is required to violate the moral and ethical intentions,and objectively requires the perpetrator to implement factual acts that transcend ethical norms.At the same time,at two different levels of subjective and objective,subjective consciousness dominates the occurrence of objective behavior,and objective results or behavioral facts are only the product of subjective will externalization.The result of no value means that the criminal illegality of the criminal act is blamed on the damage result of the criminal act,and it is the negative evaluation of the legal infringement caused by the objective factual act or the danger caused by the legal benefit.In this sense,the main point of view of the valueless theory is that the basis for judging the illegality lies in the result of the legal infringement caused by the behavior,that is,the result is the basis of the illegality.The behavior can only give a legal negative evaluation if it causes the legal interest to infringe or cause dangerous consequences.Based on this,the importance of the factor of the infringed legal benefit is revealed,and the result is worthless to focus on the "result".This paper first understands the impact on accidental defense by sorting out the difference between the behavioral valuelessness and the valuelessness of the result,and analyzes the nature of accidental defense and how to deal with it through the non-value behavior and the valuelessness of the result.This article stands in the perspective of dualism and agrees with the conclusions of the attempt.Intentionality and negligence are subjective factors,which are essential in the constitutional elements of criminal behavior,that is,they need to have a sense of defense in accidental defense.For casual defense,because the accidental defender is a subjective malicious implementation of the infringement or threat to the legal interests of others,it is not only the lack of legitimate elements of legitimate defense,but also the subjective elements of crime.Since it is necessary to insist on the awareness of defense,then the act of accidental defense does not satisfy the subjective conditions of legitimate defense,does not belong to legitimate defense,and cannot be a cause of illegal obstruction.Since it cannot be a violation of law,that is,accidental defense is punishable.However,in view of the fact that its behavior has not caused substantial legal infringement,it is not suitable for crimes and public opinion,so it is most suitable for future public opinion.