交通肇事案件作为常见的案件类型,被告人往往选择紧急避险作为其避免刑事责任的抗辩事由。通过裁判文书网的案例搜集,可以发现司法实践中对于被告人提出紧急避险的抗辩往往不予以认可,存在多种因素造成此现象,诸如驾驶人员的合理注意义务、交通法规的遵守、紧急避险构成要件等因素。其中关于被告人的违反交规而导致紧急避险抗辩失效的判决依据是否符合刑法上关于紧急避险的认定、是否符合紧急避险设置的法律精神进行论述。 Traffic Accident Cases As a common type of cases, defendants often choose emergency hedging as their defensive reason to avoid criminal liability. Through the collection of cases in the judgment paper network, we can find that the defendants in the judicial practice often fail to recognize the defendants’ appeals for emergency hedging. There are many factors that cause this phenomenon, such as the reasonable attention duty of drivers, the compliance of traffic laws, the emergency avoidance Insurance elements and other factors. Which the defendant’s violation of traffic rules led to the failure of the decision to invalidate the basis of the decision to comply with the provisions of the criminal law on the determination of emergency hedging, is in line with the legal spirit of emergency safeguards set forth in the discussion.