正当防卫是刑法中一项重要的制度,假想防卫就是伴随着正当防卫衍生出来的。假想防卫主观上是否存在过错,对于假想防卫应该以什么为标准,是否应追究刑事责任,由于争议较大,司法界一直存在困扰。所以假想防卫在实践中与理论中一直存在较大的争议。 Since the justifiable defense is an important system in the criminal law, the hypothetical defense is derived from the justifiable defense. Whether the hypothetical defense subjectively exists any fault or not should be held criminally responsible for the supposed standard of the hypothetical defense. Due to the controversy, the judicial circle has always been plagued. Therefore, hypothetical defense has always been a big controversy in theory and practice.