防御权是一种理论上的定义,但这并不等于法律中并无防御性权利之实。它是被追诉人在刑事诉讼中为了对抗公权力非法侵犯所依凭的一种自我保护的防御性权利的聚合。主体性理念、平等理念、人权保障理念是论证防御权存在的正当性所在。 Defense power is a theoretical definition, but this does not mean that the law does not have defensive rights. It is a collection of self-defensive defensive rights that the accused person relies on in criminal proceedings to counter the unlawful infringement of public authority. The concept of subjectivity, the concept of equality and the guarantee of human rights are the justification of the existence of defense power.