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我国刑法第二十条共三款明确规定了正当防卫制度,保护公民正当防卫的权利,同时限制防卫过当的行为,并对特殊防卫进行免责保护。但是在应用实践中,仍然对该条款存在着诸多的争论,由于其应用的现实性、广泛性、普遍性,防卫制度越来越受到大家的关注。本文主要针对正当防卫的相关法律规定展开论述,试图使读者对正当防卫有一个较为具体的认识,并且提出自己的问题以供讨论。
Article 20 of the Criminal Law of the People’s Republic of China stipulates in full three articles a system of just defense that protects the legitimate right of citizens to defend themselves and at the same time limits the act of over-defense and exempts special-purpose defense from protection. However, in application practice, there are still many controversies about this article. Due to its practicality, universality and universality, the defense system has drawn more and more attention. This article mainly discusses the relevant laws and regulations of due diligence in an attempt to make readers have a more specific understanding of justifiable defense and put forward their own problems for discussion.