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司法应当是理智与公平的,所有人的合理权利和利益均应该被法律维护,合法防御在刑法理论上属正当行为中的一种,所谓正当行为,国外一些刑法理论也称之为消除社会危险性行动,即行动的外在特点满足某类犯罪组成的关键条件,然而事实上不仅不具备社会危险性,还对个体与社会有利。因为此类行动的执行,让正当产生社会危险性(或违反法律性)得到解除,所以被确认为符合法律规定,不负刑事责任。合法防御的宗旨是希望解除与阻止不法损害,维护群众资产与人民的人身资产平安。关于合法防御是司法授予人民的一种关键权益,是鼓舞与确保人民同所有违法法律的行动进行战斗的关键措施,关于保证国家、群众权益与人民的合理权利利益,震慑违法者,阻止与防范犯罪,具备主动的价值与影响。
Justice should be sensible and fair. All people’s legitimate rights and interests should be protected by law. Legal defense is one of the justifiable acts in the theory of criminal law. The so-called justifiable acts and some foreign criminal law theories also refer to the elimination of social dangers The external characteristics of sexual actions, that is actions, fulfill the key conditions of a certain type of crime. However, in reality, they not only do not have social dangers, but also benefit individuals and society. Because such actions are carried out so as to cause social danger (or violation of law) to be released, they are recognized as conforming to the law and are not criminally responsible. The purpose of the lawful defense is to lift and prevent unscrupulous damage and safeguard the safety of the assets of the people and the personal assets of the people. The lawful defense is a key right granted by the judiciary to the people. It is a key measure to inspire and ensure that the people fight all illegal laws and actions. With regard to guaranteeing the legitimate rights and interests of the state and the masses and the people, deterring those who violate the law and preventing and preventing them Crime, have the initiative to value and influence.