关键词: 正当防卫, 特殊防卫, 无限防卫, 防卫限度, 法律家长主义, 权威主义

Abstract: The appellations of "justifiable defense" in Article 20 of the Criminal Law vary widely, including unlimited defense (right), special defense (right), no undue defense, and preventive justifiable defense, etc. However, from the perspective of linguistic logic and normative expression of criminal law provisions, "special defense" is in line with the special provisions on defense limit in Paragraph 3 of Article 20. The content stipulated in Paragraph 3 is still restricted by the understanding of justifiable defense and the elements of defense limit in substance. On the formal side, there is a systematic expression in line with the standard terms between Paragraph 3 and Paragraphs 1 and 2, which is not a tentative provision other than the content stipulated in Paragraphs 1 and 2, but an indicative provision. The "right" nature of defense is influenced by the authoritarian or liberal national paradigm, while China's national governance system pursues weak authoritarianism, and the traditional legal liberalism gradually recognizes and accepts legal paternalism. Under the influence of weak authoritarianism and legal paternalism, the special defense stipulated in Paragraph 3 has an obvious nature of obligation, and is a unity of rights and obligations.

Key words: justifiable defense, special defense, unlimited defense, defense limits, legal paternalism, authoritarianism