Study On Excessive Imaginary Defense

Excessive imaginary defense means that there is objectively no unlawful infringement and that the perpetrator misunderstood the existence and practice of a counterattack that clearly exceeded the necessary limits and caused serious damage.Excessive imaginary defense does not include the concept of guarding time error,defense object error and defensive error,can not accommodate the concept of over-the-counter protection,excessive imaginary defense over the concept of imaginary defense,over-defense and other essential differences in theory and practice.Imagine that the concept of defensive deeds is similar to that of hypothetical defensive defensive and defensive offense.However,there are still essential differences between the three,and there is no mutually compatible relationship between the three.Although there is a fundamental controversy over whether or not there is a defensive situation,it is assumed that defensive delict is a valuable criminal law concept.there is an independent existence on the need.The "hypothesis" in the hypothetical defense is not a speculation or illusion without objective basis,but it should be based on certain objective facts,combined with the judgment made by the surrounding environment.The "fictitious unlawful invasion" should also have the characteristics of urgency and serious social harm.There are double faults and single mistakes in the excessive imaginary defense.There are strict conditions on the establishment of the defense,including "the perpetrator mistakenly believes that illegal acts violate the real existence and the actor has a subjective sense of defense and the perpetrator's defensive behavior obviously goes beyond The necessary limits and the unprominent detrimental consequences caused by the defensive behavior of the perpetrator ".There are many types of errors in criminal law.In the case ofhypothetical defense,when the perpetrator mistakenly believes that there is an ongoing wrongful act and conducts so-called defensive actions,it is based on the misunderstanding of the behavior of others.The nature of one's behavior also creates a bias in understanding,that is,misinterpreting one's own unjustified defensive behavior as justifiable defense.Therefore,the act of presuming defensive behavior(deliberate behavior)should be deemed to be an error in criminal law.The nature of hypothetical defensive oversight is mainly based on the fact that there are factual errors and illegal errors.On the basis of imaginary defensive classifications,it is assumed that the double wrong imaginary defensive misconduct not only misunderstands the actual existence of illegal infringement,but also counterattacks.There is also a misunderstanding of the nature of the misconduct,and it can be considered as a factual error.While a single wrong defensive misconduct misunderstood the actual existence of illegal infringement,it has a clear understanding of the misconduct of the counterattack,and therefore cannot be considered as strict.Factual errors in meaning.In the imaginary form of defensive defamation,based on the nature of the hypothetical defensive and the subjective fault of the actor,it was determined that the double false imaginary defense was overly defensive,and that there was negligence and the negligence was established when the provisions of the criminal law were established.And the single wrong way of presuming that the defensive is overdone is intentional;when the mistake is unavoidable and the perpetrator is not at fault,it is an accident;As the perpetrator has a subjective sense of deterrence,essentially for the purpose of safeguarding the legitimate interests of the society,he believes that there is room for mitigating punishment for the hypothetical defensive,but the direct exemption from punishment has lost the basis,and the defensive related deduction cannot be The rules are applied directly to the hypothetical defense.The specific operation must pay attention to the balance between crime and punishment.