刑法中的辩护事由是被告方主张无罪或罪轻的事实或依据。辩护事由在刑法中具有重要的地位,它是否定犯罪成立的事实,也是从宽处理的依据。美国刑法学界对辩护事由的总体分类存在较大的分歧,对正当化事由和可宽恕事由的划分也存在争议。在具体的辩护事由中,除传统的辩护事由外,随着社会的发展,一些新型的辩护事由逐渐受到社会关注。 The defense in criminal law is the defendant’s claim of innocence or guilty fact or basis. The cause of defense plays an important role in the criminal law. It is the fact that the establishment of a criminal offense is also based on leniency. There is a great disagreement on the general classification of defense reasons in American criminal jurisprudence. There is also controversy over the division of justification and excuse. In the specific defense reasons, with the exception of the traditional defense, with the development of society, some new types of defense are gradually receiving public attention.