我国刑法对正当防卫的独特规定

The Distinctive Stipulation of Justifiable Defence in the Criminal Law of China

同各国法规相比较 ,我国新刑法在正当防卫的适用范围、正当防卫与防卫过当以及正当防卫的特别规定等方面 ,具有独特的规定。它明确将国家利益、公共利益同公民个人权利一样列入其中 ,并且放在前一、二位 ,显示出我国作为社会主义国家在任何时候 ,国家利益、公共利益都高于公民个人权利。同时 ,不仅对防卫人防卫一般不法侵害的限度要求有所放宽 ,不加苛求 ,而且还在条款中醒目地增加了正当防卫的特别规定 ,对防卫严重危及人身安全的暴力犯罪 ,不受任何限度要求 ,从法律上给予了人民群众见义勇为、奋起同犯罪分子作斗争的特别支持和保护 。

Compared with laws and regulations of other countries,the new criminal law of China is of distinctive stipulation at the applicable range of the justifiable defence,between the justifiable defence and the extremist defence and on the particular stipulation of justifiable defence,etc. It definitely puts the state interests and the public interests above all,which shows the characteristics of China as a socialist country,although the three of the former two and the individual interests are all included in the law. In the meantime it somewhat not only relaxes the limitation by which a defender profects him from general unlawful infringement,but also adds eye catching particular stipulations of justifiable defence to its provisions,which do not prescribe any limits to those who defends themselves from violent crimes that jeopardize their personal safety,and legally support and safegaurd the citizens against the criminals in their gallantry rise to the occasions so that the law forcefully deters the criminals.