区分正当防卫与防卫过当的界限

刑法理论中的正当防卫是为排除社会危害性的行为,即指外表上似乎符合某种犯罪的犯罪构成,但实际上不仅不具有社会危害性,而且是对国家和人民有益的行为。但是,正当防卫有限度如何掌握,怎样才能使防卫人及司法机关做到和判定其行为确实。“不仅不具有社会危害性,而且还会对国家和人民有益”,这是一个很复杂的问题。为此,笔者试就正当防卫的构成,防卫行为由量变到质变为防卫过当及二者的区分界限作如下阐述：

Distinguish the boundary between self-defense and over-defense

Self-defense in criminal theory is to exclude social harmful behavior, which means it seems to be subject to a criminal offence, but in fact not only isn°Фt harmful to the society, but also is good behavior for the country and the people. However, how to grasp the limit of self-defense, how to make the defender and judicial authorities to do so and to determine its behavior？ °∞Not only isn°Фt harmful to the society, but also is good behavior for the country and the people°±, this is a very complex issue. To do this, the author try to make following explains on the form of self-defense, distinguish between the boundary of the behavior changed into over-defense from quantity to quality.