Institution Criminal Law Emergency Avoidance Test Point Explanation

Answer 1

Emergency evasion was an important concept in criminal law. It was a common test point in public institution examinations. The following was its relevant content:

** 1. Concept **
Emergency means that in order to protect the country, the public interest, the personal, property and other rights of oneself or others from being violated by the current danger, it is necessary to take actions that harm another smaller legal interest.

** II. Elements **

1. ** Cause and Condition **
- There are real dangers, and the sources of danger are wide, including illegal encroachment (such as murder), natural disasters (such as floods, earthquakes), animal attacks, etc.
2. ** Target Condition **
- The object of damage was the legitimate rights and interests of a third party, which was different from justifiable defense, which was aimed at the person who had violated the law. For example, if the driver turned the steering wheel to avoid a truck going in the opposite direction at high speed, causing damage to the rear vehicle, the rear vehicle would be the legal rights of an innocent third party.
3. ** Subjective Condition (Intentional Condition)**
- The actor implemented emergency evasion to protect his legal rights and interests. If it was to protect illegal interests, he could not carry out emergency evasion. For example, a thief hiding in someone else's house to avoid police arrest was not an emergency evasion.
4. ** Time Requirement **
- The danger that was happening must be imminent. It was not suitable for emergency evacuation before the danger arrived or had passed.
5. ** Restrictions **
- It had to be carried out as a last resort, which meant that there was no other way to avoid danger. For example, when facing a flood disaster, they entered the house illegally in order to save themselves, which damaged the right of others 'houses to be inviolable. This was a choice when there was no other way to save themselves.
6. ** Limit Condition **
- The damage caused by an act of emergency should be less than the damage avoided. If the right to life is greater than the right to property, the value of property rights can be compared. If the emergency action exceeds the necessary limit and causes unnecessary damage, the offender shall bear criminal responsibility, but the punishment shall be reduced or exempted.

** 3. The difference between self-defense and self-defense **

1. ** Main body **
- Self-defense was the right of every citizen, and emergency evasion did not apply to people with specific responsibilities in their duties and businesses, such as public security, fire protection, medical care, military personnel, etc., under certain circumstances.
2. ** Danger Type **
- The source of danger of emergency evasion is very wide, it can be illegal invasion of people, natural disasters, animal attacks, etc., while the source of danger of justifiable defense can only be illegal invasion of people.
3. ** The target of the action **
- The object of damage caused by emergency evasion is the smaller legal rights and interests of the third party, while the object of damage caused by justifiable defense can only be the illegal offender.
4. ** Restrictions on behavior **
- Emergency measures can only be implemented when there is no other way to avoid danger, but self-defense has no such restriction.
5. ** Requirement on the degree of damage **
- The legal interest of the emergency must be less than the legal interest protected, and the damage caused by justifiable defense can be greater than the damage that may be caused by the illegal offender.
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