关于无限防卫权问题的再探讨

A Restudy of the Unlimited Right of Defense

新刑法第二十条第三款之规定 ,刑法学界人士较多认为是规定了“无限防卫权” ,且对这一规定的利弊颇有争议。本文在对无限防卫权的概念及一些相关问题进行考证之后 ,从根本上否定了新刑法规定了无限防卫权 ,认为第二十条第三款之规定仍然是受该条第二款规定所制约的有限防卫。

It is generally believed by the criminological scholars that unlimited right of defense is provided for by Article 20, Section 3 of the new criminal law. There also have been disputes as to the advantages and disadvantages of this right. However, after a restudy of the concept of the right and related questions, the author of the article denies the existence of unlimited right of defense in the new law and argues that the prescriptions of Article 20, Section 3 still belong to limited right of defense restricted by those of Section 2.