Should excessive hedging be criminally liable?

Paragraph 2 of Article 2 1 of the Criminal Law stipulates: If the emergency avoidance exceeds the necessary limit and causes undue damage, it shall bear criminal responsibility, but the punishment shall be mitigated or exempted. In criminal law theory, emergency hedging exceeds the necessary limit and causes undue harm, which is called excessive hedging. Excessive avoidance of danger is not a crime. When investigating his criminal responsibility, he should be convicted and sentenced in accordance with the relevant provisions of the specific provisions of China's criminal law on the basis of determining his criminal form. In the criminal form of excessive hedging, most of them are negligence, and in a few or individual cases, they may be caused by indirect intentional or overconfident negligence. Because excessive hedging is subjectively motivated by protecting legitimate rights and interests, objectively it occurs in an emergency. Therefore, the penalty for excessive hedging should be reduced or exempted. Although the law clearly stipulates the conditions that constitute emergency hedging, how to identify emergency hedging in practice is still a complicated problem. Once it is not recognized as an emergency, but time has passed, the parties concerned will bear criminal responsibility. Therefore, if you do harm to others in the process of hedging, you should promptly entrust an expert lawyer in criminal defense to investigate and collect evidence as soon as possible, so as to be recognized as an emergency hedging in the defense process as far as possible and avoid criminal responsibility.