On The Limits Of The Condition Of Necessity

Looking at the world of criminal legislation, of which there is no lack of emergency hedge system, but the limits of the emergency conditions of the hedge, or on the few, or is very vague, making the academic for the limits of necessity understanding of the conditions have had a lot of controversy. In our country, Tong said that the point of view the use of "light on that", that only at the expense of the interests of less than the interests of avoiding the time, only hedge acts to establish an emergency hedge, at this time do not need to bear any criminal responsibility, In contrast, when the hedge acts caused by equal to or greater than the expense of the interests of avoiding the time, was considered to be excessive risk, people should bear the corresponding risk of criminal liability. With in-depth study and practice of development, people's "light on that" and questioned the justification for a "light at the increase in the need to say" and more as one of sacrifice to protect the life of another person or persons whether to set up the life of the issue of necessity, have been proposed, "said the same. " In this regard, the article in the conditions of necessity limit the concept of property and criminal law legislation to require foreign corresponding, to evaluate the academic point of view, based on the acts of a judge to set up a comprehensive emergency hedge criteria, taking into account China's For excessive defence requirements imposed on the hedge had been modified when the views put forward. Finally, the article of necessity for the limits of the conditions of our weaknesses and put forward recommendations to improve some of their own.