Research On Several Issues Of Emergency Hedging

The necessity(also called the emergency or act of rescue) has existed since ancient time. The Penal Code of many countries stipulated the necessity. Research in the state of the necessity is more fully discussed with Germany and Japan and other civil law countries such as Britain and so on, with aspect to the system of self-defense research, the research on the necessity in our country is still relatively lacking. Based on the provisions of our criminal legislation, for the act of rescue basic issues were discussed.The first chapter, an overview of the emergency. Analyzes the different scholars understanding and definition of the concept of the emergency, then the emergency of abroad in each time before the emergency legislation were introduced, pointed out the development of the emergency experienced production, development and maturity of three stages.The second chapter, the legal nature of the emergency. First, the civil law of the emergency nature of the different theories were discussed. The theory in continental law of nature of the emergency conclude illegality negation, the responsibility negation and the dichotomy three kinds of comments.It said that the illegality negation theory proposed that the emergency nagates the illegality of the object elements;the responsibility negation deem that the emergency negates responsibility; dichotomy proposed emergency likely negates illegal,it may also negates responsibility.Secondly,the common law crime established two main elements include adequate requirements and responsibilities, primarily as a defense emergency, the nature of some scholars advocate of two evils choose one that some scholars have advocated the necessary behavior said. Thirdly, our country has been different theories Comments that do not have the proper emergency is behavior constituted a crime. Finally, the paper argues that the same legal interest emergency damage is a crime, it should be exempted from punishment.Chapter III, the objective elements of the emergency. First chapter on the "last resort" and the meaning of the criteria discussed herein that the minimum only say preferable; on the "last resort" decision should be combined with a comprehensive assessment of subjective and objective. Secondly, this paper hedge against the object should be in addition to the behavior of other people their rights unexpected legitimate rights body.The fourth chapter, emergency body. Article that limits the body other than the emergency law should also include those responsible for the law, based on the first act of those with specific responsibility on a voluntary basis and those responsible.Chapter V, the emergency of subjective elements.This chapter first analyses that it is whether necessary or not to have subjective hedging will. Secondly we discussed occasionally hedging.The writer proposed that hedging occasionally advocated a crime Accomplished.Chapter VI, the emergency limit requirements. The chapter argues that defensive and offensive emergency.Emergency should be treated differently when considering the limit, not abstract legal interest should be combined with a measure of judging cases.