论假想防卫

On Imaginary Self-defence

本文论述了假想防卫的概念、构成特征、及其与正当防卫、防卫过当和防卫挑拨的区别 ,具体分析说明了假想防卫存在的几种情况 ,并从法理上分析探讨了假想防卫的责任承担方法。最后以实际生活中的案例综合运用以上知识来说明在司法实践中如何正确认定和处理假想防卫。

The science of criminal laws talked in details about legal self-defence,but little about imaginary self-defence.The author has expounded in detail the concept of imaginary self-defence,excessive self-defence and provocative self-defence,analyzed several conditions in which imaginary self-defence exists through examples,analyzed the responsibility bore by those who are engaged in the imaginary self-defence.The author concludes with a case in real life as to correctly understand and deal with imaginary self-defence.