1. Emergency hedging refers to an emergency hedging behavior taken to protect the state, the public, the person, property and other rights of oneself or others from ongoing dangers, thus causing damage and not bearing criminal responsibility;
2. 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.
What are the conditions for emergency avoidance?
1, there must be danger of threatening legitimate interests, and there must be danger of threatening legitimate interests, which is a prerequisite for emergency hedging;
2. It must be that danger is happening, and danger is happening, which is the time condition for emergency hedging;
3, must be in order to make proper use from the ongoing danger, in order to make the country, public interests, oneself or others' personal or other rights from the ongoing danger, is the subjective condition of emergency hedging;
4. The object of hedging must be an innocent third party, and the object of hedging can only be an innocent third party, which is the object condition of emergency hedging;
5. Hedging behavior can only be carried out in the case of necessity, and hedging behavior can only be carried out in the case of necessity, which is an objective restrictive condition for emergency hedging;
6. The hedging behavior cannot exceed the necessary limit that causes undue damage. Not exceeding the necessary limit, causing undue damage, is the limit condition of emergency hedging.
What is the right of emergency avoidance?
1, emergency avoidance is the cause of crime stipulated in the criminal law. It is to protect the country, public interests, the person, property and other rights of oneself or others from the ongoing danger;
2. Responsibility:
(1) In order to protect the national and public interests, as well as the personal, property and other rights of oneself or others, if it is necessary to take emergency actions to avoid risks, it will not be criminally liable.
(2) 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.
Legal basis: Article 21 of the Criminal Law of People's Republic of China (PRC).
Emergency avoidance in order to protect the state, public interests, personal, property and other rights of oneself or others from ongoing dangers, emergency avoidance is necessary, and no criminal responsibility will be borne if damage is caused.
If excessive avoidance or 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.