By analyzing the regulations regarding justifiable defense in China's Criminal law, the articles governing special defense right are believed to over-pursue utilitarian gains and these articles cannot effectively prevent unjustifiable defenses.
By analyzing the regulations regarding justifiable defense in China's Criminal law, the articles governing special defense right are believed to over-pursue utilitarian gains and these articles cannot effectively prevent unjustifiable defenses.
摘要分析了我国《刑法》有关正当防卫的规定，认为规定特殊防卫权是过分追求功利目标的表现，不能有效规制防卫过当行为。