刑法中的义务冲突是指主体同时被要求履行不相容的两个法律义务,只能履行其中一个的情形。从不同立场出发对义务冲突的法律性质会有不同的认识,我们认为义务冲突是一种与紧急避险最相类似的超法规排除犯罪性事由,其构成要件必须被严格限制,其法律后果应区分不同情况来具体处理。 The obligation conflict in the criminal law means that the subject is also required to fulfill two legal obligations which are incompatible and can only perform one of the situations. Different from the standpoint of the legal nature of the obligation of conflict will have different understanding, we believe that the obligation of conflict is a kind of emergency and hedging the most similar super-rule excluding criminality, its constituent elements must be strictly limited, and its legal consequences should be Distinguish between different situations to deal with specific.