试论自招危险之紧急避险

紧急避险在各国刑法中一般都被规定是正当化事由之一。但对自招危险能否进行紧急避险，各国的规定和学界的观点却不一致。笔者以为，从紧急避险的刑法机理出发，在自招危险的情况下，行为人事实上对该危险承担着不同程度的忍受义务。围绕这一忍受义务，结合其他因素，可对自招危险之紧急避险问题区别不同情况予以处理，并据此提出了几点结论。

Comments on the Self-induced Necessity

Necessity is one of the stipulated reasons in the criminal law of every country. But legal stipulations and theoretical viewpoints in every country concemlng whether the act to rescue can be permitted when t he danger occurs are inconsistent evoked by the person who takes an act of rescue. In my opinion, in the light of principles of an act to rescue of criminal law, the person who takes an act of rescue is in fact undertaking obligation of tolerance to the danger to a certain degree in this case. By focusing on the obligation of tolerance and combining other factors, we can handle an act to rescue ca used by person who takes it himself through several situations, and finally we c an draw some conclusions.