Study On Necessity With The Right Of Life As The Object

Since the famous case of Ann's board,scholars still considering whether it is acceptable to treat life as one of the object of emergency hedge actions,scholars debate about it for a long time.In the case of the right of life conflict,whether the actor can sacrifice other's life for the emergency hedge is still inconclusive.Generally speaking,the life of different individuals is equivalent,so it can't be used as a tool,at the expense of other's lives to save themselves or the lives of most people often defined as a crime.However,the study of the necessity involving the right to life is just a simple assertion at present that such behavior should be or not to be legal.Although the 21 st article of our country's criminal law has made the stipulation to the emergency hedge,because the elaboration is not clear enough,cause scholars have different understanding about it.This article aims to demonstrate the necessity and legality of the necessity involving the right to life from different aspects,such as ethics,jurisprudence and the objection,to fully clarify the emergency risk-avoidance behavior of the right to life.And then I will make a proposal about the criminal judgment and the responsibility of the necessity involving the right to life,in order to benefit the theory and practice in the future.This paper is divided into four chapters except the conclusion:In the first chapter,according to the standard of the legal benefit,enumerates the cases of "one" to "one" confliction of life and cases of "minority" to "multiple" confliction of life.By the description of these cases,the controversial focus of the necessity involving the right to life is stand out and it is so valuable to solve.The second chapter introduces the legislation and theoretical controversy of the necessity involving the right to life.On the basis of a comprehensive understanding of the necessity involving the right to life,this chapter introduces the controversy about the necessity involving the right to life in the academic circle,at the same time,the author puts forward my own viewpoint,that is,the risk-avoiding behavior should be allowed at the expense of the right to life in a reasonable way.However,it can't be arbitrarily applied to destroy the order of law.The third chapter make a concentrate on the core problem of the necessityinvolving the right to life,and proves the significance of saving live at the cost of other's live from the angle of rationality and the conformity of criminal law.The necessity involving the right to life is not a violation of morality and law,on the contrary,it is because of the reverence for life's heat that the emergency risk aversion of life right has its necessity.The fourth chapter attempts to analyze the legal liability of the Conflict of life right in the emergency.The author is inspired by the special justifiable defense,it is considered that the necessity involving the right to life can also be a special case of emergency safe haven,that is,under the circumstances that the right to life is under imminent threat,the urgent risk that the perpetrator has to take at the expense of others' lives is not illegal,but the legal benefit of the sacrifice must be less.It is so important to limit the application of special emergency,and only in this way can maximize the purpose of the protection of life.