预先性自卫问题因先发制人战略的提出与实践而备受关注。论文在梳理学界近年来相关成果的基础上,辨析界定了预先性自卫的概念,认为作为预先性自卫权源起的通说尚不成立,《联合国宪章》的效力级次高于特定的国际习惯,构建预先性自卫规则重在构建不法行为的责任。 The issue of advance self-defense has drawn much attention due to the proposal and practice of the preemptive strategy. On the basis of combing academic achievements in recent years, the dissertation defines and defines the concept of pro-independence and self-defense, and holds that it is not yet established as the source of the advance self-defense right. The Charter of the United Nations has higher level of effectiveness than certain international customs, The construction of the pre-existing self-defense rules focuses on the responsibility of constructing wrongful acts.