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传统观念认为，聚众斗殴行为中应当排除正当防卫的适用空间，其逻辑前提是“斗殴无防卫”这一当然的结论。诚然Hot51 live events，聚众斗殴行为与正当防卫中的“相互斗殴”在概念、所侵害的法益与行为模式等方面具有相似性，但是二者并非同一概念的不同表述。因此，笔者认为应当在厘清聚众斗殴与正当防卫行为关系的前提下，肯定在聚众斗殴行为中正当防卫的适用空间。