The Study On Accidental Defense

In the theory of criminal law,there is a great correlation between accidental defense and self-defense.The difference between the two lies in whether the actor has a subjective defensive consciousness.Around this difference,criminal law scholars have an understanding of the discussion.The core of the discussion lies in whether the establishment of legitimate defense requires the actor to have a subjective defense consciousness.The different conclusions drawn will directly affect the nature of accidental defense.Although accidental defense is rare in judicial practice,it is an occasional event with a relatively small probability.However,the research focus of generations of scholars has not always left accidental defense.The occasional defense problem can directly reflect the scholar's basic position that the behavior is worthless or the result is worthless.At present,the research around accidental defense is mostly a theoretical discussion,and many theories are debated.Scholars stand in different positions and have different understandings of accidental defense.In addition,due to the lack of relevant regulations at the level of judicial practice,it is often confirmed that it is illegal to accidentally defend,but disputes at the theoretical level can not be resolved.This paper takes accidental defense as the research object,aiming at combing out the current controversial issues of accidental defense,discussing the relevant issues,clearly indicating the views,and providing valuable reference for the judicial application of accidental defense.The first part mainly explains the research meaning and background of accidental defense,and analyzes the current research status of accidental defense,so as to lay a foundation for the in-depth study of accidental defense.The second part is to determine the basic issues involved in accidental defense.The concept of accidental defense is defined and the difference between accidental defense and other related concepts is clarified.The third part discusses the unworthiness of the result and the unworthiness of the behavior,introduces the main points of view of the unworthiness of the result and the unworthiness of the behavior,and makes it clear that the focus of the dispute over accidental defense continues to analyze the differences of views on the nature of illegality.This is also the focus of the result no-value theory and the behavior no-value theory.Clarifying the nature of illegality lays the foundation for the development of other issues.The fourth part discusses whether self-defense needs defense consciousness.The answer to this question directly shows the attitude of scholars to accidental defense.The behavior valueless theorist believes that the establishment of self-defense requires the actor to have a subjective defensive consciousness,but he has different opinions on the specific content of defense consciousness.As a result,valueless scholars often believe that the establishment of self-defense does not need to examine the subjective factors of the actor.Because,the investigation of criminal illegality must insist on the analysis of objective results.The fifth part focuses on the introduction and evaluation of occasional defensive questions under different positions.Among them,the behavior of no-value scholars advocates accidental defense of the establishment of crimes and attempts.Among them,the said that it has gradually withdrawn and there are few supporters.As a result,valueless theorists believe that accidental defense attempts to establish a crime or does not constitute a crime at all.This part introduces and evaluates the above views,points out the contradictions in the relevant doctrines,and believes that accidental defense does not constitute a crime.