对特殊防卫权的反思

A Retrospect of Special Defense Right

设立特殊防卫权有利于鼓励公民自觉地同犯罪行为作斗争,及时有力地打击犯罪,有效地维护合法权益。但反观现行刑法设立的特殊防卫权,不难发现其存在适用范围不明确、立法价值有偏差、实践效果不理想等缺陷,应采取完善立法、司法解释,借鉴国外“撤退原则”等对策。

The establishment of special defense right is beneficial to encourage citizens to fight against criminals consciously, to strike crimes in time and trenchantly, and efficiently safeguard legitimate right and interests. But when retrospecting the established special defense right contained in the current penal code, we could easily find there exist many defects: the application scope is not clear, legislative value is deviate and the practical effect is not ideal, etc. We should perfect legislation, judicial interpritation and learn from other country 'the retreat principle as the strategy'.