On the Legal Philosophical Foundation and Legal Nature of Emergency Hedging

Wenjie Zuoyu; Yifan Chen

doi:10.54097/d6ynwq88

Authors

Wenjie Zuoyu
Yifan Chen

DOI:

https://doi.org/10.54097/d6ynwq88

Keywords:

Emergency Hedging, Legal Nature, Legal Philosophy, Legal Interest Measurement

Abstract

The criminalization of emergency hedging has been going on for a long time. As early as in the Tang law of concentrated Chinese law system, there was the emergence of emergency hedging system. With the development of economy and society, more attention is paid to the protection of people's "freedom" and rights, and the process of criminalization of emergency hedging continues to mature, and the system positioning and legal nature of emergency hedging system have become the subject that the interpretation of criminal law must respond positively. This paper first analyzes the relevant concepts of the legal nature of emergency hedging, and introduces the research object of this paper. The author believes that the investigation of the legal nature of emergency hedging cannot be separated from the ethical basis and value basis of criminal law, so it first discusses the legal philosophy basis of emergency hedging system, and then summarizes and examines the system positioning of the current emergency hedging system, and evaluates the relevant theories respectively to explain the legal nature of emergency hedging.

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