Third Party's Duty Of Tolerance In Emergency

The purpose of this paper is to study the scale and scope of the third party's duty of tolerance in emergency evasion,so as to protect the rights and interests of innocent third parties in legitimate acts permitted by law,and then to discuss the legitimacy of emergency evasion from a new perspective of social joint and several obligations.In order to clarify the meaning,premise,limitation and significance of the duty of tolerance of the innocent third party in emergency evasion in our criminal law,the author systematically summarizes and summarizes the research results of various theories at home and abroad on the boundary of the rights of innocent third party in emergency evasion.As one of the justification reasons in our criminal law,the study of the legality of emergency hedging has always been a hot topic in theoretical research.There are some measures and trade-offs of legal interests in the legal relationship of emergency hedging.Therefore,how to prove that emergency hedging still prevents illegality at the expense of the legitimate rights and interests of innocent third parties is obviously of certain research significance.Comparing Rawls' theory of justice,Habermas' theory of ethical negotiation and Hegel's philosophy of law,the author gradually abstracts the above-mentioned theory about the social joint obligation,and explains the rationality of the third party's duty of tolerance under the social joint obligation,as well as the process of establishing negative freedom and utilitarian philosophy,which affirms the third party.At the same time,it proves the legitimacy of emergency hedging,and makes up for the defects of negative freedom view which negates the legitimacy of emergency hedging and utilitarian philosophy which neglects personal freedom.Then the practical significance of the duty of tolerance of the third party is discussed.Not only does it explain the legality of the act of hedging and the special duty of the third party in a new way in the theoretical circle,but it also makes it clear in the actual society that although the third party has certain social obligation,it can only make the hedger free from criminal responsibility in the field of criminal law,and the hedger can not be exempted from civil compensation.Only in this way can innocent third parties who have suffered damage eventually have the possibility of obtaining right relief.