Act Of Rescue

Act of rescue is such a case that one person have to infringe on one legal interest to protect another legal interest when another is in danger. Act of rescue has come forth for a long time, and it plays a very important role in every country's system info of criminal law. According to different standards, act of rescue can be classified into legitimate act of rescue and act of rescue exempt from responsibility, statutory act of rescue and act of rescue beyond the law, etc.Scholars of the civil law countries, for example, in Germany or Japan, put forward a lot of theories about the character and basis of act of rescue. Theorists in our country are limited by the defective theory of constituents of crimes, so they haven't studied it thoroughly. The kind of act of rescue that our state now admits is case of preventive illegitimacy, it's legit. One person encroaches on other people's equal value legal interest in order to protect his own , his friends' or family's life ,liberty or body, the action is case of preventive responsibility, it's illegal but forgiven by the law.To discriminate a deed of avoiding danger whether it belongs to act of rescue, it must possess five terms:1 There must be real danger. 2 One's action must be unavoidable.3 It must be to protect legal interest from being damage.4. It can't exceed some extent. 5 It must have social value.Legitimate act of rescue and act of rescue exempt from responsibility have different penal effect. One can't carry out a justifiable defense against a legitimate act of rescue, but he can take an act of rescue again. To abet or help a legitimate actof rescue does not has criminal liability, but it may lead to a crime if some one make use of a legitimate act of rescue. One can take a justifiable defense or an act of rescue under the situation of an act of rescue exempt from responsibility, but he may be punished if he abets or helps anyone to take an act of rescue exempt from responsibility.Excessive refuge means that an action of refuge exceed necessary limit and result in some unnecessary damage. Imaginary reftige means that there is no danger but one thinks there may be danger and tack an act of refuge, so result in violating other's legal interest. Although justifiable defense and act of rescue have some similar points, they have a lot of differences . Obligation conflict is another case of preventive illegitimacy but not a special act of rescue.