紧急避险与交通事故责任的承担

Act of Rescue and the Bearing of Traffic Accident Liability

在道路交通事故责任中,如果行为人在遭到紧急危难的情况下为救护一个较大利益而采取损害另一个较小利益的行为是紧急避险。文章从民法角度论述了紧急避险行为所引起的法律责任,通过案例分析了紧急避险行为所致的道路交通事故责任的承担。

In a road traffic accident, if a person is compelled to commit an act in an emergency to avoid an immediate danger to the interests of his own or another person ＇ right, he should not bear the legal liability. The article discusses the legal responsibility by the act of rescue from the point of view of civil law, and analyses the question that how to bear the legal liability by act of rescue in a road traffic accident.