正当防卫制度积极扩张的可行性分析——以于欢案为视角

Feasibility Analysis of Positive Expansion of Self-defense System--from the Perspective of Yu Huan Case

正当防卫制度有助于实现及时制止不法侵害、保障人权的目的,但该制度在司法实践中的认定条件较为严格,不利于公民行使自己的正当防卫权,因此要对正当防卫制度进行合理的扩张。以于欢案为切入点,重新审视关于正当防卫理论的传统通说,鉴于其无法适应行为人面对不法侵害进行自我保护和防御的需要,将正当防卫的条件通说进行合理的扩张具有必要性,有助于实现正当防卫制度的自身目的,也有助于更好地保障人权、惩罚犯罪。

the system of legitimate defense is helpful to realize the purpose of stopping illegal infringement and protecting human rights in time,but the conditions of the system in judicial practice are very strict,which is not conducive to the exercise of citizens'right of legitimate defense,so it is necessary to expand the system of legitimate defense reasonably.Taking the case of Yu Huan as the starting point,the traditional general theory of self-defense is revisited.In view of its inability to adapt to the need of the perpetrator to protect himself and defend himself against unlawful infringement,it is necessary to expand the condition of self-defense reasonably,which can help to realize the self-purpose of the self-defense system,and also help to better protect human rights and punish crimes.