我国刑法第13条但书在司法中适用混乱、标准失衡,因而有些学者主张不适用13条但书。但是,不加以适用则必将牺牲许多个案的正义。但书不仅具有立法上的价值,而且在司法中应采取积极态度,当一般正义与个案正义相冲突时,司法应优先保护个案正义,根据但书的规定对具体立法加以救济,使存在特殊事由或理由的行为免遭其泱。 Article 13 of the Criminal Law of our country but the book is confused in the administration of justice, the standard imbalance, and thus some scholars advocate not applicable 13 proviso. However, failure to apply it will certainly sacrifice the justice of many cases. However, the book not only has the value of legislation, but also takes a positive attitude in the judiciary. When the common justice conflicts with the case law, the judiciary should give priority to the protection of individual case justice and remedy the specific legislation according to the proviso, Or the reasons for the behavior from its mistakes.