我国刑法中的特殊防卫制度在打击犯罪、保障人权方面起到了积极的作用,但由于其在刑法典中的规定不够严谨,长期以来在司法实践过程中存在诸多争议。因此有必要对特殊防卫制度中存在的若干疑难问题,如特殊防卫条款法律术语的含义、特殊防卫的主体、权限、举证责任等,加以研究、解释,以维护法制的统一和权威。 The special defense system in criminal law of our country played a positive role in the fight against crime and the protection of human rights. However, due to its lack of strictness in the penal code, there have been many controversies over the judicial practice for a long time. Therefore, it is necessary to study and explain some difficult problems existing in the special defense system, such as the meaning of legal terms of special defense articles, the subject of special defense, the authority and the burden of proof, so as to safeguard the unity and authority of the legal system.