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简述正当防卫必须具备的条件

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正确答案:

(1)必须是对不法侵害行为才能实行防卫。( 1 分)

(2)必须是对正在进行的不法侵害行为才能实行防卫。( 1 分)

(3)必须是对实施不法侵害的人才能实行防卫。 (1 分)不允许对没有参加侵害行为的第三者(包括不法侵害者的家属)造成损害。( 1 分)

(4)防卫不能过当。( 1 分)

答案解析:

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