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为了保全自己的生命而牺牲他人的生命能否构成紧急避险,国外有否定说、肯定说和条件说等各种学说。对此问题的讨论,在我国是由李案引起的,关于李某能否构成紧急避险我国学者也是众说纷纭。对此,笔者赞同外国学说中的肯定说和中国有部分学者针对李案提出的“不得已”说,另外,笔者试着从期待可能性的角度对李案作一下分析。
In order to preserve their own lives and sacrificing the lives of others constitute an emergency hedge, the foreign denial that the conditions must say and say a variety of doctrines. The discussion of this issue is caused by the Lee case in our country. There are also many different opinions on whether or not Lee can constitute an emergency hedge. In this regard, I agree with the affirmative theory of foreign theory and some Chinese scholars have proposed for the Lee case “last resort,” said, in addition, the author tried to look at the possibility of looking at the case of Lee for some analysis.