论正当防卫的限度条件

Discuss on the Limit Conditions of Justifiable Defense

正当防卫制度是法律赋予公民同违法犯罪现象作斗争的一项重要权利，它的建立、发展和完善是法治社会发展的必然结果。作为一种法律制度，正当防卫的行使有严格的限制条件。只有全面准确地理解这些限制条件，才能更好地行使防卫权，维护合法权益。司法实践中，正当防卫的限度条件一度成为争议的焦点。本文拟就完善正当防卫的限度条件提出一些建议。

Justifiable defense system is an important right that the law confers citizens to fight against the phenomenon of illegal crime, Its establishment, development and perfection are the inevitable result of the development of the rule of law society. As a legal system, there are strict restrictions on the exercise of justifiable defense. We should only understand these restrictions fully and accurately, can better exercise the right of defense and safeguard the legitimate rights and interests. In judicial practice, the limitation of justifiable defense has become the focus of controversy. This paper make some suggestions on improving the limit conditions of justifiable defense.