What is the difference between justifiable defense and emergency avoidance?

Updated on culture 2024-05-01
3 answers
  1. Anonymous users2024-02-08

    The difference between emergency evacuation and justifiable defense is as follows:

    1 dangerous ** different. The danger of justifiable self-defense** is the unlawful infringement of man; The danger of emergency avoidance is relatively extensive, which can be illegal infringement, natural disasters, and animal invasions.

    2. Emergency evacuation must be out of necessity, and justifiable defense does not require this.

    3.The requirements for the subject are different, and the emergency evacuation requires that the subject cannot have a specific identity (such as a police officer, military personnel or firefighter, etc.). And justifiable defense does not have such a requirement. Everyone has the right to legitimate defence.

    4.Depending on the object of implementation, justifiable defense can only be carried out against the wrongdoer, while emergency avoidance must be carried out against a third party.

    Legal basis] Article 21 of the Criminal Law provides that in order to protect the state, the public interest, the person, property and other rights of oneself or others from the danger that is occurring, the person who has to take emergency measures to avoid danger and cause damage, shall not bear criminal responsibility. Where emergency evacuation exceeds the necessary limit and causes undue harm, criminal responsibility shall be borne, but punishment shall be commuted or waived. The provisions of the first paragraph concerning the avoidance of personal danger do not apply to persons who have specific responsibilities in their duties or operations.

  2. Anonymous users2024-02-07

    Hello! The differences between the two are as follows:

    First, the harm is different. The harm of justifiable self-defense** is limited to the unlawful infringement of a person; The danger of emergency avoidance** can be not only the illegal infringement of people, but also (even in most cases) natural disasters, animal invasions, and human physiological and pathological causes.

    Second, the object of the act is different. Justifiable defense can only harm the interests of the wrongdoer, while emergency avoidance is to damage the legitimate rights and interests of a third party.

    Third, the limits of behavior are different. The practice of justifiable defense is sufficient as long as there is an ongoing unlawful offense, regardless of whether the defender has the conditions to stop the unlawful offense by means such as fleeing, calling the police, or dissuading him, and it is not required to be compelled to do so; Emergency evacuation can only be carried out as a last resort if there is no other way to eliminate the danger.

    Fourth, the limits of behavior are different. The necessary limit of justifiable defense is necessary to stop the unlawful offense, as long as the damage caused and the damage that may be caused by the unlawful offense are not too disproportionate, so that the damage caused by justifiable defense may be both less than or greater than the damage that may be caused by the unlawful offense; The damage caused by emergency avoidance can only be less than the damage avoided, and cannot be equal to or even greater than the damage avoided.

    Fifth, the limitation of the subject is different. Justifiable defense is the legal right of every citizen, and it is the legal obligation of the people's police when performing their duties; Emergency avoidance does not apply to people who have specific responsibilities in their duties or business.

    More detailed information could be provided to provide more accurate legal advice.

  3. Anonymous users2024-02-06

    Legal Analysis: There are the following conditions for registering a technology company:

    1. The shareholder stool crack meets the quorum.

    2. Shareholders jointly formulate the articles of association.

    3. Have a company name.

    4. Have a company domicile.

    5.The business scope of the company applying for registration includes the projects that must be approved by laws, administrative regulations and decisions before registration, and must be approved or obtain relevant licenses. The common business scope of science and technology is:

    technology development, technology promotion, technology transfer, technical consultation and technical services for selling coarse celery; sales of self-developed products; computer system services; application software services; software development; software consulting; Mold-in-mold design; packaging and decoration design; educational consulting; Economic ** consulting; cultural consulting; sports consulting; public relations services; conference services; project investment; investment management; asset management and investment consulting; corporate planning and design; designing, producing, publishing, and publishing advertisements; Market research; Art Design; computer animation design; business management consulting; Organize cultural and artistic exchange activities (excluding commercial performances); literary and artistic creation; Undertake exhibitions and display activities; conference services; film and television planning; Translation services. When the business scope is selected, it needs to be approved by the relevant departments before business activities can be carried out, and it is a project that must be approved in accordance with the law.

    Legal basis: Article 6 of the Company Law of the People's Republic of China To establish a company, it shall apply to the company registration authority for establishment and registration in accordance with the law. If the establishment conditions stipulated in this Law are met, they shall be registered as a limited liability company or a stock company by the company registration authority; If it does not meet the establishment conditions stipulated in this Law, it shall not be registered as a limited liability company or a share****.

    Where laws and administrative regulations stipulate that the establishment of a company must be submitted for approval, the approval formalities shall be completed in accordance with the law before the company is registered.

    The public may apply to the company registration authority for inquiries into the company's registration matters, and the company registration authority shall provide inquiry services.

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