The current system of civil justifiable defense in China is in a"dormant"state in judicial application,and the enthusiasm for research on civil justifiable defense in the domestic civil law academic circle is far lower than the attention paid by the criminal law academic circle to criminal justifiable defense.The right of justifiable defense originates from the self-defense instinct of the right subject and expands to the authorization and regulation of the law.Civil justifiable defense has dual attributes:the free exercise and realization of rights and the emergency relief to ensure the socialization of private rights.The civil justifiable defense system and the criminal justifiable defense system are integrated and independent of each other.It is necessary to further refine the scope and legitimacy criteria of civil justifiable defense from the logic of private law.
关键词
正当防卫/民刑关系/利益衡量
Key words
Justifiable Defence/Relationship between Civil Law and Criminal Law/Interest Measurement
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