论新刑法中的无过当之防卫

正当防卫是刑法规定的排除社会危害性行为的一种表现形式.为了鼓励广大群众见义勇为,积极同严重危及人身安全的暴力犯罪作斗争,为了更有效地惩罚犯罪,保护人民,1997年修订的刑法对正当防卫制度进行了修改,增加了关于无过当之防卫的规定.

On Irresponsible Defense In New Criminal Law

Legitimate defense,stipulated in Criminal Law,is a form of expression that rules out the behaviors which jeopardize public security.In order to encourage the masses to be ready to take up the cudgels for a just cause and to struggle actively with the violent crime that seriously jeopardize the personal safety and also in order to punish criminals and protect people more effectively,in revised Criminal Law of 1997,some alterations have been made on the system of legitimate defense and some regulations on irresponsible defense have been added to on the base of the old Criminal Law of 1979.The article offers some explorations on irresponsible defense in the system of legitimate defense from several aspects such as its definition,its course of change and development,its applicable conditions and some problems when it is applied in the judicial practice.