Research On The Limit Condition Of Urgent Danger Prevention In China

Every countries’ criminal law all made corresponding specific rules for necessity, restricted by factors like national policy and legal tradition, rules related to the limit for necessity in different countries seem obscure, there also controversy in academic circles about the limits for necessity.According to the limits for necessity, different countries made different legislation for limits for necessity. There are two different kinds of theory in civil law countries, the “obstructing the breaks of the law theory” and “refute responsibility theory”. And common law countries usually take necessity as a "reasonable excuses" for discussion. China’s criminal law system is different from civil law countries and common law countries, which caused the difference in evaluation model for certain behavior. Therefore, legislation theory for necessity in civil law and common law countries has no practical existence for our country. China has made separate regulations for necessity as distinguished from criminal behavior. So to the legislation for necessity in our country should be built around the core elements of "social harmfulness".In the specific standard of limit, scholars at home and abroad also hold a different point of view, the differences mainly caused by different calculation method and result for different law benefit. Such as "light than theory" is China’s current necessity limit theory, along with the development of criminal law theory, whether the "necessity" should be taken into limits’ inspection category, has increasingly become a hot topic among scholars. Therefore, some scholars put forward the theory of “lighter than necessity theory” on the basis of "lighter than theory", and it has become the most powerful impact to the general theory, but "lighter than necessity theory" still got some unreasonable points.By analysis the relationship between limit of necessity and concept of crime, the author made the conclusion that the legislation for necessity should be based on its social harmfulness. And by combining with the relevant legislative cases both at home and abroad, puts forward the judgment standard for necessity limit requirements. At last, put forward its own points to the legislation of beyond the limit necessity.