自招危险的紧急避险适用研究

自招危险是指由避险行为人基于故意或者过失而招致的危险。对于自招危险的紧急避险适用问题,中外刑法理论上有各种不同的见解。该问题应根据自招危险的不同类型具体加以解决。对于有犯罪目的的自招危险,应否定紧急避险的适用;对于无犯罪目的的自招危险,则应根据自招危险产生的具体原因来认定是否适用紧急避险。

On the Necessity of Danger Made by Somebody

Danger made by somebody namely is that the danger is coursed by his intention or negligence.About it's necessity,there are all kinds of opinions on it in the criminal theory of domestic and foreign.The problem's settlement should be decided by the kinds of danger.Necessity shouldn't be applied to it which proceed from intention of committing a crime.If it doesn't proceed from intention of committing a crime,the applying of necessity is decided by different reason of the danger.