Research On Difficult Problems In Emergency Hedging

Emergency actions as legal recognition of legitimation for be the corresponding stipulated in the criminal law in all countries of the world.And scholars at home and abroad for emergency actions system for the more research,in order to further clarify the emergency safety related issues,Improve the system of our country emergency actions and provide guidance for the judicial practice,the author start from the basic theory of emergency actions,Discusses the necessity of the three major problems: the timing of the emergency actions For the dangerous safety problem and special emergency actions.The article is divided into four chapters,namely the first chapter is the basic theory of emergency actions.Firstly analysis the concept of emergency actions,combined with the related provisions of Chinese laws for emergency actions and scholars for emergency actions related to the definition of and defines the definition of emergency actions,and analyzed the characteristics of the emergency actions Secondly,by analyzing the components of emergency actions,the time to determine the terms of the cause of the emergency actions subject conditions condition intent object condition and limit condition.The second chapter is the emergency actions timing.This chapter,firstly discusses with the emergency safety risk is that the related theory in danger happening bing-zhi zhao's point of view that should be paid attention to more rational that taking place in the dangerous problem,put forward when the rights and interests of the right to life and other major threatened with imminent danger,should allow appropriate safety ahead of time.Second,for emergency actions Danger is not over,put forward can be dangerous is under way,it can also be dangerous behavior has ended and the cause of risk is still in continue.Finally,the risk aversion to serious analysis Think that should not be to the detriment of minimum legitimate rights and interests for the last judgment standard.The third chapter is the dangerous safety problem.This chapter,firstly analysis the risk for the related theory of emergency actions,think said full affirmation Comprehensive negative Compromise said there were problems,then certainly even deliberately cause danger endangering themselves should also allow appropriate emergency actions.Second will invite danger endangering themselves and others from the situation of the distinction between intent and negligence And from the perspective of intent and negligence,respectively set up risk aversion to unnecessary punishment principle.Deliberately for the danger endangering their excessive situation of risk aversion,shall be implemented may be given a lighter punishment principle;For the fault which danger endangering their excessive situation of risk aversion,shall exercise may be given a lighter or mitigated punishment principle;Deliberately for the dangerous circumstances endangering others haven excessive,should implement can be given a lesser punishment mitigated punishment or be exempted from punishment principle;For the fault which dangerous circumstances endangering others haven excessive,should implement principle of can be mitigated punishment or be exempted from punishment.The fourth chapter is a special emergency actions.Define the definition of special emergency actions that special emergency actions in case of necessity,for maximum protection of the right to life based on a voluntary basis with desirable way to damage other ACTS of the right to life.Combing the value of the special emergency actions,set the special emergency actions build conditions Special emphasis on the safety time should be on the basis of full agreement;Intention safe-haven intent for the maximum protection of the right to life,determined to hedge method into consideration;Special emergency actions is infinite and emergency actions,protect the rights and interests can be greater than less than or equal to damage the rights and interests Finally,design the legislative provisions,puts forward some specific measures to correct legal system of emergency actions.