Common sense of emergency avoidance 1. What knowledge do you have to avoid danger in an emergency?

Emergency avoidance refers to the act of harming the legal rights of another minor in order to protect the state, public interests, the person, property and other rights of oneself or others from the ongoing danger.

The condition for its establishment is: 1, and it must be really dangerous. Realistic dangers include: dangers caused by natural forces, such as floods and earthquakes; Hazards caused by machinery and energy equipment, such as aircraft failure and spontaneous combustion of oil depots; Danger caused by animal invasion; Danger caused by man-made reasons, etc.

If there is no danger in reality, the actor mistakenly thinks that there is such a danger because of misunderstanding of the facts, so he implements the so-called emergency hedging, which is called imaginary hedging in criminal law theory. The hypothetical liability of hedging applies the principle of understanding the facts incorrectly.

2. It must be an ongoing danger, that is, the danger is imminent and the legitimate rights and interests are threatened by danger. If emergency hedging is not implemented, the danger will immediately turn into a real hazard, causing irreparable losses to the relevant legitimate rights and interests. For the dangers that have not yet arrived or have passed, emergency hedging cannot be implemented.

Otherwise, hedging is not timely. For example, the strong wind at sea has passed and there is no threat to navigation. At this time, the captain also ordered the goods to be thrown into the sea, which was an untimely avoidance.

The captain should bear criminal responsibility for the huge damage caused by this. It must be an unavoidable danger without damaging some legitimate rights and interests. Emergency avoidance is no other choice.

4, must be for the purpose of protecting legitimate rights and interests. The actor's damage to a legitimate right and interest must be for the legitimate purpose of avoiding greater loss of legitimate rights and interests.

Emergency avoidance is to protect one legal right by damaging another. Therefore, the object of emergency hedging damage is the legitimate rights and interests of the third party.

Clarifying this point is of great significance to distinguish between emergency avoidance and legitimate defense. It is justifiable defense to protect the legitimate rights and interests by harming the interests of the wrongdoer when the wrongdoer's illegal infringement poses danger to the state, public interests and other legitimate rights.

If the legitimate rights and interests are protected by harming the legitimate rights and interests of the third party, it is an emergency hedging. Different damage objects are one of the important differences between emergency avoidance and legitimate defense.

5, shall not exceed the necessary limit to cause undue damage, in order to effectively avoid danger and must lose the legitimate rights and interests of the way must be based on the "necessary limit" as the premise. Emergency hedging does not apply to people who have specific responsibilities in their positions and businesses.

2. What are the common sense of earthquake emergency avoidance?

When a destructive earthquake occurs, it takes only ten seconds, at most thirty seconds, from the light and sound of the earth to the destruction and collapse of houses, causing disaster.

This extremely short time is called early warning time. As long as people master certain knowledge, make some preparations in advance and keep a clear head in the face of the earthquake, it is possible to seize this precious time and successfully escape from the earthquake.

(1) escape principle. When a destructive earthquake suddenly occurs, it is a good way to avoid danger by avoiding nearby and evacuating quickly after the earthquake.

However, it is not advisable to escape when an earthquake occurs. This is because: ① Now most cities are tall buildings, and it is too late to run outside. On the contrary, people will be killed or injured because of the crowded corridor; (2) The violent shaking of the house will cause the deformation of the doors and windows, and it is likely that the doors and windows will not be opened and the chances of survival will be lost; During the earthquake, people were shaken or even thrown in the room, and it was very difficult to stand and run. (2) according to local conditions, the nearest shock absorber.

"V to be determined", where is "V" safer? (1) If you are indoors, you should hide under solid furniture nearby, such as tables and solid beds. You can also hide in corners or small-span bathrooms, kitchens and other places with many pipes and good integrity, but try to avoid glass cabinets. Be careful not to hide under the window of the external wall, in the elevator room, and not to jump off the building. These are very dangerous.

If you are in a theater, a stadium or a restaurant, you should quickly lie under your seat and put your head in your hands. If you are in the workshop of a factory, you should squat next to large machine tools nearby, but pay attention to stay away from dangerous places such as power supply, gas source and fire source. As soon as the earthquake stops, it is necessary to evacuate quickly and orderly, and do not crowd when evacuating.

② If you are outdoors, try to stay away from narrow streets, tall buildings, chimneys, transformers, glass curtain wall buildings, viaducts and places where dangerous goods and inflammables are stored. After the earthquake stops, don't go back to buildings that are not easy to collapse to prevent people from being hurt by aftershocks.

(3) In a moving car, tram or train, grab the handrails to avoid falling and bumping, and pay attention to personal injury caused by falling luggage. You can use your arms against the front chair to protect your head and face or your hands to protect your back, lift your knees to protect your abdomen and tighten your body.

After the earthquake, you should get off the bus quickly and move to an open area. No matter where you hide, try to protect your head with a quilt, pillow, schoolbag or other soft objects; If an open flame is being used, it should be extinguished quickly.

(3) In addition to the principle of "to be determined", attention should also be paid to not paying attention to one thing and losing the other during an earthquake. In a short time, we must first find ways to save ourselves; Only when you are out of danger can you save others or property.

Of course, if you are on the first floor of a bungalow or building, it is feasible to run directly to a safe place outside.

3. What is emergency hedging?

It involves the composition and treatment of emergency hedging.

According to the provisions of the first paragraph of Article 21 of the Criminal Law, emergency avoidance is an act to protect the state, public interests, the person, property and other rights of oneself or others from the ongoing danger, which damages the legal interests of another minor. Different from the unlawful infringement caused by justifiable defense, emergency avoidance harms another legitimate interest. Just because the legitimate interests of damage are less than those of hedging and preservation, it is beneficial to the whole society, so the law stipulates that emergency hedging is not criminally responsible to affirm and encourage emergency hedging.

Due to the damage to legitimate interests, emergency avoidance is more stringent than self-defense. To sum up, it includes the following aspects: First, the causes and conditions, that is, the requirements of emergency hedging.

This imminent danger can come from nature, such as flash floods, earthquakes, tsunamis, storms, mudslides and so on. It can also come from animal attacks, such as vicious dog bites and poisonous snake attacks. It can also come from illegal infringement by others, such as being chased by others, crashing into others' homes and causing damage to others; Even according to people's physiological and pathological conditions, such as forcibly stopping passing vehicles to send the wounded to the hospital to rescue the seriously wounded. Second, the object condition, that is, only the third party can be hedged. If the infringement is eliminated by directly stopping the infringer, it constitutes legitimate defense rather than emergency avoidance.

Third, the time condition requires that an emergency danger is happening, that is, the emergency danger has appeared but has not yet ended. Fourth, the subjective clause requires that hedging behavior must be to protect the state, public interests, personal and property rights of oneself or others from ongoing dangers.

This subjective condition requires the actor not only to realize that the legitimate interests are in urgent danger, but also to implement hedging behavior in order to protect the legitimate interests from urgent danger. Fifth, the necessity of hedging requires that hedging must be carried out as a last resort.

The so-called "necessity" means that there is no other way to protect this legitimate interest except at the expense of another legitimate interest at that time. As long as there are other ways to protect this legitimate interest, it is not allowed to hedge at the expense of another legitimate interest.

4. Common sense of emergency avoidance and emergency rescue

(1) What are the emergency call methods?

(1) shout. In case of fire, explosion, river bank gap, landslide, gangster murder and other dangerous situations, shouting loudly can often make nearby people find people in distress in time.

(2) In rivers, lakes, oceans and mountain streams, a dye can be used for communication. This dye powder is blue and grandmother green when sprinkled in water, and fluoresces in the sun. The plane can see it from 7 kilometers away.

(3) In the open grassland, beach, desert and snow, you can make ground signs, such as cutting grass into signs or splicing branches and seaweed into certain signs, or stepping on the signs in the snow to contact with the air.

(4) Open flame contact at night. The flame emitted by fireworks is bright and abnormal; Although flashlights and oil lamps are not far from sight, they are used for a long time and are easy to be found by rescuers. During the day, you can put some moss and branches on the fire to make it smoke more, which will be more eye-catching and effective.

5. How to do emergency hedging correctly?

Sometimes you will encounter unexpected dangers, such as being involved in traffic accidents or violating regulations.

As a last resort, drivers should take emergency measures immediately to avoid danger. Although emergency avoidance is a legal act, it can be exempted from criminal and civil liability only if it meets the following four necessary conditions: 1) It must be in order to avoid damaging the public interests of the state or the collective and the personal and rights that should be protected by law.

2) It must be to avoid the danger that is happening. At this time, the danger is imminent, which has directly threatened the rights and interests protected by law. 3) It must be an urgent action that has to be taken when there is no other choice, that is, one legal right cannot be protected without sacrificing another.

4) The losses caused by emergency hedging must be less than the protected interests, that is, the hedging behavior cannot exceed a certain limit, otherwise it is meaningless and it is responsible for excessive hedging. For example, if you hit a car to avoid a cow, it is improper hedging.

6. What is emergency hedging?

The so-called emergency avoidance refers to the special behavior that causes damage to others for the sake of social interests and the legitimate interests of oneself or others when necessary.

Judging from its consequences, it sacrificed smaller interests and protected greater interests. Whether it belongs to emergency avoidance is not decided by the driver at will, but must meet the following three conditions before it can be established: first, there must be an ongoing danger that threatens the interests of the public, itself or others; Second, it must be an extraordinary measure taken when there is no other choice; Third, hedging behavior should not exceed the necessary limit, that is, it should not cause greater losses.

It should be noted that from the perspective of causality, if the danger of driver's avoidance is caused by his own misconduct, it cannot constitute emergency avoidance.