On The Emergency Avoidance Of Exempting Criminal Responsibility

Article 21 of my country’s Criminal Law stipulates that the establishment of emergency hedging shall not bear criminal responsibility."No criminal responsibility" should include two situations: one is not to bear criminal responsibility because it does not violate the law;Because the traditional four-element crime theory does not distinguish between illegality and responsibility,emergency hedging is only applicable to the reason of illegal obstructing,and cannot fully play the function of justifying the crime.However,the substance of the crime is illegality and responsibility.When judging whether a risk avoidance behavior constitutes a crime,we must start from these two aspects.On the basis of the distinction between illegality and culpability,we should clarify the difference between the reasons for illegal obstruction and the reasons for liability obstruction.Introduce guilt-free emergency hedging.The theory of emergency avoidance of liability is based on the use of expectation possibility and epistemological error theory as an emergency avoidance of liability.The same will prevent guilt.A specific type analysis should be carried out on the conflict of the right to life in emergency hedging: in the context of conflicting rights to life,the aggressive emergency hedging is more difficult to establish than the defensive emergency hedging due to the different sources of danger;In the conflict of the right to life,the legitimacy of risk avoidance cannot simply be determined by the number.The risk avoidance behavior in the dangerous community is based on the equality of the right to life,and there is no exemption from guilt.Emergency risk avoidance;The guilt can be reduced under the following circumstances;the culpability-exempt emergency avoidance can be established for the coerced risk avoider.In the situation where the right to life conflicts with other legal interests,the right to life is usually higher than the specific legal interests that are not the right to life,so it is exempt from liability.Only on the basis of liability can it be exempted.