试析对无限防卫权的质疑

剖析并驳斥了对无限防卫权的种种质疑,认为湖北省交警总队发布的有关群众打死车匪路霸不负刑事责任,公安机关还给予奖励的通告,合乎刑法典关于无限防卫权的规定,是一种合法的行政奖励行为。对无限防卫权的质疑既没有合理的依据也没有现实的必要,反而容易造成思想上的混乱,令人无所适从。因此,从正面肯定对无限防卫权的行政奖励并推而广之是十分必要的。

Analysis on Query about Unlimited Justifiable Defense Right

All sorts of queries to unlimited justifiable defense are analyzed and refuted.It is considered that the announcement issued by the general bureau of traffic police Hubei Branch conforms with the provision on unlimited justifiable defense right of criminal law,and it is a kind of legal administration reward,which declares that a person who killed the spoliators robbing on roads should not been took into court for an criminal offence,and could be rewarded by the public security organ.There is not a rational basis,nor is a realistic necessity to query the unlimited justifiable defense right,it is apt to cause the confusion on the thought instead,make people at a loss as to what to do.Therefore,positively affirming and popularizing the administration reward of unlimited justifiable defense right is very essential.