紧急避险案件认定标准的统一化思考

紧急避险作为法律上的免责事由，顺应了人的本性和社会的利益选择，世界各国法律都做出了规定。但是我国《民法通则》以及《刑法》对紧急避险规定得极为简单，造成了在司法实践中对紧急避险案件的认定标准不统一。统一案件的认定标准，有助于对案件作出准确地判定。

Thoughts on Unification of the Cognizance Standard of Necessity Cases

As an excuse free from responsibility, the necessity accords with the human nature and social interest, of which stipulations can be found in the laws of all countries. However, its stipulations in Chinese civil law and criminal law are rather simple, which cause the differences of cognizance standard on necessity cases in judicial practice. This article tries to unify its cognizance standard, which contributes to correct decisions to be made on the basis of the dangerous source of the necessity.