A Study On The Subjective Sin Of Excessive Defense

As an important content of the legitimate defense system,over-defen se has always been an important issue in the field of criminal law.The ide ntification of over-defense is also a difficult point in judicial practice.Def ensive subjective crimes As the most controversial issue in defense,schol ars have a lot of opinions.On the basis of excessive defense concept,after clear purpose by means of defense,defense and defense incentive three factors,which affect the understanding of subjective fault analysis,defense meaning as the subjective condition of excessive defense,has important significance for the cognizance of excessive defense,and defense purposes and defensive motivation also has an important position,self-defense purposes specifically refers to stop the illegal violation,while defensive motive is to protect the legitimate interests,although both are in the process of implementation of defense behavior psychological activities,but the role of defensive motivation is to promote defense behavior occurs,and as a condition of defense orders,the first mention,The purpose of defense is primarily to provide leadership for defensive behavior.And in real cases,it can also be seen that negligence as the subjective fault of excessive defense has not too much practicalsignificance,and intent is the subjective fault of excessive defense.In the "criminal law" to modify the system,the addition of article 20,paragraph3,also means that the form of negligence no longer has an impact on the defense of excessive,just as the theory of the predecessors.In practice,there is only one case that needs to be considered,that is,the psychological attitude of the defender who knows that the behavior beyond the necessary limit will cause harm to others,and hopes or lets the result happen.In this case,even if the defender has a justifiable defense intention or motive at the beginning,he still cannot cover up his intention to commit the damage or allow the result to happen.In the face of defense cases in real life,we should first consider whether it conforms to the special defense circumstances of article 20,paragraph 3,of the criminal law,and then consider the relevant provisions of article 20,paragraph 2,of the criminal law in accordance with the punishment of intentional crime,but should be reduced or exempted according to the specific circumstances.