在我国刑法理论中,紧急避险被规定为是一种排除犯罪性的行为。关于避免本人危险的规定,不适用于职务上、业务上负有特定职责的人。但是现阶段我们不能绝对地否定特定责任人员紧急避险的权利。同时为了避免特定责任人员借紧急避险来规避自己应该承担的职责,应对特定责任人员的紧急避险权利作出一定的限制。 In China’s criminal law theory, emergency hedging is defined as a criminal act excluded. The rules on avoiding danger to oneself do not apply to those who have specific duties in their positions or in their business. However, at this stage we can not absolutely deny the right to emergencies of certain responsible personnel. At the same time, in order to avoid certain liability officers borrowing emergency hedging to circumvent their responsibilities, they should make certain restrictions on the emergency safe-haven rights of certain responsible personnel.