论正当防卫

On the Necessary Defense

保护合法权益免遭不法侵害是正当防卫的目的。正当防卫是由采取损害不法侵害人利益的方法实施的,不法侵害行为和防卫行为对立的双方共同组成了一个矛盾统一体,但正当防卫并不意味着行为人可以任意实施防卫。为防止滥用防卫,我们应从正当防卫立法存在原因、条件、目的及防卫过当几个方面正确理解和把握正当防卫。

The aim of the necessary defense is to protect the legal rights from being violated. By certain measures, it＇ s carried out by the person of legal rights and interests. Illegal encroachment acts are contrast with the defensive acts, and the two parts make up a unit of contradiction, however, the necessary defense doesn＇ t mean the defender can adopt the defensive acts at will. To avoid abusing the defense, the author attempts to remark from the reasons, situations and aims of the necessary defense law, the overdone defense and so on, so that we can understand and adopt it.