Article 165 of the Civil Code of People's Republic of China (PRC) * * * If the actor infringes upon the civil rights and interests of others through fault and causes damage, he shall bear the tort liability.
If the actor is presumed to be at fault according to the law and cannot prove that he is not at fault, he shall bear tort liability.
Article 182 of the Civil Code of People's Republic of China (PRC) * * * If damage is caused by emergency avoidance, the person who caused the dangerous situation shall bear civil liability.
If the danger is caused by natural reasons, the emergency evader shall not bear civil liability and may give appropriate compensation.
If the measures taken for emergency hedging are improper or exceed the necessary limits, causing undue damage, the emergency hedging person shall bear corresponding civil liabilities.
What are the conditions for emergency hedging?
(A) there must be a threat to legitimate interests, which is the premise of emergency hedging. The so-called danger refers to an urgent factual state that is enough to cause damage to legitimate interests. If there is no danger in fact, the hedger mistakenly thinks that there is danger, so the so-called emergency hedging is a hypothetical hedging.
(2) It must be that danger is happening, which is the time condition for emergency hedging. The so-called danger is happening, which means that it will cause damage immediately, or the danger that is causing damage has appeared and is not over yet. Emergency hedging can only be carried out under the time condition that the danger has appeared and has not yet ended, otherwise it is not an emergency hedging.
(3) It must be in order to protect the legitimate use from the ongoing danger, and to protect the country, public interests, the person or other rights of oneself or others from the ongoing danger. This is the subjective condition for emergency avoidance. According to the subjective conditions of emergency hedging, it cannot be established if it is to protect some illegal interests. In addition, if the legitimate rights and interests are objectively protected from possible damage caused by certain dangers, the actor is not out of the intention of hedging, but out of the intention of infringement, which does not belong to emergency hedging.
(4) The object of hedging must be an innocent third party, and the object of hedging can only be an innocent third party, which is the object condition of emergency hedging. The essential feature of emergency hedging is to transfer risks at the expense of another smaller legal right in order to preserve a larger legal right. Therefore, the emergency hedging behavior is aimed at the legitimate rights and interests of the third party, not the source of danger. If the actor directly faces the danger by counterattack, instead of harming the legitimate rights and interests of the relevant minors, then the behavior is not an emergency hedging behavior, but an emergency hedging behavior or a legitimate defense behavior.
(5) Hedging can only be carried out as a last resort, which is an objective restrictive condition for emergency hedging. Emergency avoidance is an expedient measure to protect larger legitimate rights and interests from danger at the expense of smaller legitimate rights and interests. Although on the whole, it is beneficial to the society because it preserves more legitimate rights and interests, on the part, it will inevitably harm the legitimate rights and interests of innocent third parties, so it still has a negative side. Therefore, the criminal law stipulates particularly strict restrictions on emergency avoidance, that is, emergency avoidance can only be carried out under "last resort".
The above knowledge is Bian Xiao's answer to relevant legal questions. If there is no traffic violation, the evaded vehicle will bear the responsibility. If there are traffic violations, they shall be held responsible according to the responsibilities of both parties. If you need legal help, welcome to Walmart. Com for legal consultation.
Disclaimer: This work is the author's integration of laws and regulations, government official website and Internet-related knowledge. If the content is wrong, please contact to delete it by reporting. The above provisions refer to the Civil Code.
Cite the law
[1] Article 1 100 of People's Republic of China (PRC) Civil Code. ...
[2] Article 180 of the Civil Code of People's Republic of China (PRC). ...
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