New Discussion On The Basis For Justification Of Emergency Avoidance In China

Emergency risk aversion is one of the legitimate issues stipulated in the criminal code provisions of modern countries.It is not only recognized by society but also recognized by law that it does not bear criminal responsibility.However,due to the different historical traditions,cultures,and legal sources of various countries,although it is recognized that emergency hedge behaviors do not bear criminal responsibility,there is a great deal of difference in the understanding of the justification basis for emergency risk aversion.As a typical statutory legal system,the civil law system has the following viewpoints on the justification of emergency risk aversion.It is mainly to obstruct the theory of breaking the law,obstructing the theory of responsibility,and the two-point theory.The Anglo-American law system is a typical unwritten law system.The understanding of the justification of emergency risk avoidance is that emergency risk aversion is a legal defense reason.As a socialist country,as a result of historical reasons,the construction of legal systems and legal systems has been greatly affected by the Soviet Union.The point of view of the urgent need to avoid risks is that emergency hedges are a legally beneficial act for the society.With the progress and continuous development of society,more scholars questioned this view,and proposed two-part theory based on blocking illegality,social harmfulness is excluded in the overall legal order,and legal interests measure as the principle of social equivalence.We added that there are doctrines such as the joint obligation of society and other issues related to the right of emergency escape.Most of these doctrines are based on the balance of legal interests.Starting from the overall interest of the society,ignoring the legitimate rights of innocent third parties does not conform to the basic spirit of respecting and safeguarding human rights in the modern society of the rule of law.Although they all have certain rationalities,they are unreasonable.Explained.Therefore,in the exploration of the justification basis for emergency hedging,we should seek the roots from moral and political philosophy and legal principles,not only from the overall interest of the society,but also from the perspective of the innocent third party,in order to more reasonably explain the emergency.The justification of hedge.Emergency risk aversion is one of the legitimate issues prescribed by law.The reason why criminal responsibility is not a common choice of rational social people.