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在突发的恶性刑事犯罪中,公力救济显然不能及时保护当事人的合法权益,维护当事人的利益。但当事人可以通过私力救济———正当防卫来维护自身的合法权益。本文通过对正当防卫成立的条件、防卫过当及其承担的责任、特殊防卫权等问题的诠释,让当事人了解正当防卫,为保障其合法权益提供法律依据。
In a sudden vicious criminal crime, it is obvious that public remedies can not protect the legitimate rights and interests of the parties in time and safeguard the interests of the parties concerned. However, the parties can safeguard their legitimate rights and interests through self-defense and self-defense. Through the interpretation of the conditions for the establishment of due diligence, guarding over guard and its responsibilities, and special defense rights, this article provides the parties with a view to justifying their own defense and providing the legal basis for safeguarding their legitimate rights and interests.