at present, our country「s the legislation and the fundamental research about the inculpatory act of rescue is imperfect, there still has many pending disputes and question needing to solve.
目前,我国关于攻击性紧急避险的立法及理论研究还不完善,仍有许多争议与问题有待解决。
there have three theories with regard to the valid basis of inculpatory act of rescue: subjectivism doctrine, the benefit weight doctrine, and the laissez faire behavior doctrine.
关于攻击性紧急避险的合法性依据,有三种理论:主观说、利益衡量说、放任行为说。
in the inculpatory act of rescue which implements for other people」s benefit, the key question should solve is how to deal with relation between emergency people and beneficiary.