Counter-attacking the infringement from a person without ability of responsibility should be considered as defensive necessity.

The inculpatory act of rescue,which is one kind type of the private strength relief, not only has the vital significance in the real life, but also is an important legal regime.

However,the author thinks that the current law can resolve right conflicts between patient's right of informed consent and right of life and health with necessity syst.

The difference of criminal structure between Chinese Criminal law thevry and Britain & Americal criminal law theory results in the difference of each constitution of necessity.

As to this, after studying the relation between the forced acts and act of rescue from many viewpoints of criminal legislation, theory and judicial practice, we should accept that forced acts belong to the grounds for e.

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.

Act of rescue is such a case that one person have to infringe on one legal interest to protect another legal interest when another is in danger.

In criminal law theory of our country,right of necessity is stipulated action for elimination criminal behavior.

Setting Truck Escape Ramp(TER) on continual,long and steep downhill road of expressway in mountainous area is very necessary.