社会转型中正当防卫法律制度的伦理思考

当代中国正经历着从人治向法治社会转型，法治作为完善的社会管理模式，为人类所追求，而法治之法要有伦理底蕴，法律才能成为善良公民的大宪章。我国刑法中正当防卫制度的确定，确有有利于弘扬社会正义，惩恶扬善，促进社会和谐的一面，但是它还存在着不少伦理缺憾，应从立法和司法二个方面进行完善，才能体现关爱生命、合乎人情，给人温暖。

The Ethical Thinking of Legitimate Self-defense during Social Transformation

With the transformation of the society from ruling by humanity to ruling by law,the domination by law is pursued by human being as a more perfect social management pattern.However,laws of society must be based on their ethics and they should be the Great Charters of good citizens.Embodying this function in crimi- nal law is the justifiable defense system,whose ascertainment is of benefit to promoting social justice,punishing the evil and exerting the good,and building the harmonious society.But certain ethical shortcomings exist in the justifiable defense system in our country;it should be fulfilled from the following two aspects:In legislation and jurisdiction.By doing so,the defense person can be treated fairly,warmly and reasonably and so the life can be taken good care of.