A Study On The Identification Of Culpability Of Excessive Imaginary Defense

In recent years,involves the case of excessive imaginary defense gradually increased,however,the depth of research on this theory is limited in the field of criminal law.There are many disputes about how to determine the culpability of excessive imaginary defense defenders,no unified and authoritative academic opinions have been formed yet,and the theoretical research is not supported enough.In addition,the cognition errors of facts is still a blank point in the criminal legislation of our country,which also leads to the difficulty of comprehensive measurement and accurate grasp of the judicial staff of our country in trying specific cases to different degrees,and thus makes unfair judgments such as inconsistent punishment responsibility and biased punishment,and causes wide disputes.Therefore,a comprehensive,in-depth,detailed and thorough study of the theory of excessive imaginary defense in a timely manner is not only helpful to fill in the gaps in the legislation of our country's criminal law on the wrong understanding of facts,but also of great significance to further promote the construction of our country's legal system.The core of this paper is how to identify the subjective guilt form and criminal responsibility of excessive imaginary defense defenders in judicial practice.The first part is to discuss the basic theory of excessive imaginary defense,and on the basis of the theory of justifiable defense,imaginary defense and excessive defense,and then evaluate and analyze the disputes of excessive imaginary defense in relevant theories and laws.The second part is to explore how to identify the subjective guilt form and criminal responsibility of excessive imaginary defense defenders,by analyzing the two hot cases involving the theory of excessive imaginary defense in recent years,the author sorts out and analyzes the problems in each case,so as to form reference opinions for guiding judicial practice.The third part is the general thinking on the identification of the excessive imaginary defense culpability,it mainly focuses on how to examine the overall subjectivity of excessive imaginary defense defenders through the specific identification of the culpability of the excessive imaginary defense,at the same time,it analyzes the legislative status quo of cognition errors of facts in our country and puts forward legislative suggestions.In general,the subjective guilt form of excessive imaginary defense defenders can be carried out in accordance with the intentional,fault and no-fault,among them,the intent and negligence defense are the normal performance of subjective guilt,without fault of accidents belong to special circumstances,should strictly while qualitative cautious.In addition,in excessive imaginary defense defenders shall be investigated for criminal responsibility to apply be reduced or exempted in accordance with the provisions of excessive defense the punishment in criminal law,should also be combined with its behavior patterns and subjective guilt form,respectively for intentional crime,criminal negligence and no-fault three ways treat differently.