The purpose of emergency avoidance is to avoid the danger that is happening?

Emergency avoidance, also known as "emergency refuge". It refers to an act taken to protect the public interest, the personal and other rights of oneself or others from the ongoing danger, and to harm the legitimate interests of the other party less, so as to protect the greater legitimate rights and interests. A method to eliminate social harmful behavior. The characteristic is that when two legitimate rights and interests conflict, there is no other way to harm another smaller right in order to protect one larger right. Therefore, it does not constitute a crime, and the perpetrator is not criminally responsible. The conditions for establishment are: (1) In order to protect the public interests and the legitimate rights and interests of oneself or others from danger. (2) Objectively, there is indeed a danger happening. (3) Forced behavior. (4) Don't exceed the necessary limit and cause undue damage. According to the provisions of China's criminal law, if the emergency avoidance exceeds the necessary limit and causes undue damage, it should bear criminal responsibility, but the punishment should be mitigated or exempted as appropriate; The provisions on avoiding personal danger do not apply to those who have specific responsibilities in their posts and businesses. [ 1]

If the emergency avoidance exceeds the necessary limit and causes undue damage, criminal responsibility shall be borne, but the punishment shall be mitigated or exempted. The provisions of the first paragraph on avoiding personal danger do not apply to people who have specific responsibilities in their posts and businesses.

Those who have to take actions that harm the legitimate rights and interests of others' minors in order to protect themselves or others' personal, property and other rights from ongoing dangers shall not be held criminally responsible.

The essence of emergency avoidance is to avoid real danger and protect greater legitimate rights and interests. The objective feature of emergency avoidance is that when the legally protected rights and interests are threatened and other measures cannot be taken to avoid them, another smaller legal rights and interests have to be damaged to protect the larger legal rights and interests. The subjective feature of emergency hedging is to realize that the legitimate rights and interests are threatened by danger, and to implement hedging behavior in order to protect the national and public interests and the personal, property and other legitimate rights and interests of oneself or others from the ongoing danger. It can be seen that although the emergency hedging behavior has caused some damage to the legitimate rights and interests, it has no social harm at all in view of the specific state of affairs and does not meet the constitutive requirements of any crime.

Enterprises should regularly carry out emergency drills to avoid risks in accordance with industry regulations, and establish emergency drill files.

situation

(1) It must be aimed at the emergent danger that is happening. If a person's behavior constitutes an urgent danger, it must be illegal.

(2) The actions taken should be necessary to avoid danger.

(3) What must be reserved is the right protected by law.

(4) It shall not exceed the necessary limit, that is, the interests of damage shall be less than the interests of preservation. Emergency hedging does not bear legal responsibility. Personnel who have specific responsibilities in their posts or businesses shall not implement emergency hedging when the risks related to their specific responsibilities occur.

qualified

(1) Out of the danger that is happening.

The act of avoiding risks that the actor mistakenly thinks is dangerous and misjudges is not an emergency act of avoiding risks stipulated in the criminal law.

The cause of this danger may be legal or illegal. As long as there is an ongoing danger, we have to take urgent action to avoid it and cause damage, so we will not bear criminal responsibility.

(2) An ongoing danger means that the state, public interests, the person, property and other rights of oneself or others are in danger. For animals that are not protected by the state, in order to avoid the danger that is happening, it does not belong to the emergency hedging behavior stipulated in the criminal law.

(3) In case of emergency hedging, you cannot take advantage of the right to endanger the health or life of others to take hedging actions.