Cognition Of Legal Norm On The Behavior Of Pass By On The Other Side

It has severe social harmfulness to pass by on the other side. In the face of this behavior in life over and over again; it is so"Heaviness"that the Morals bottom line cannot to bear. At many time the efforts of judicial remedy are inefficacy, because there is no legal rule or legal principle that can be applied straightforward. Likewise, many people advocate increasing specific crime of passing by on the other side in criminal code, and obligate the ruthless"Attendee"that in the case of passing by on the other side to take some necessary criminal liability. But except some criminal law experts support this advice, the others mostly hold negative attitude. In their esteem, it will breach the principle of"Conviction and penalty according to law"and"Modest Restraint of the Criminal Law". But this controversy mostly entangled in the opposite relationship between law and moral, lacks necessary analysis of legal norm. So it is necessary to query.As we query the justifiability to require the"Attendee"that in the case of passing by on the other side to undertake criminal responsibility; European and American countries have set"the crime of passing by on the other side"in criminal code. First, when the judges of European and American countries face the cases of passing by on the other side in social life, they feel distress,helplessness, too. And they often give innocence judgment. But there is also some judge insist on the sensibility of justice as a man, and productive advance the theory of"Close living community"; start the way of legal norm to settle the dilemma of pass by on the other side. The remedies of legal norm to settle cases of passing by on the other side had been enriched; along with the development of theory, in particular the theory of"absolute domination"advanced by Husak, an American scholar. So it is necessary to play attention to the judicial creativity of European and American countries, when we find no way to settle the case of passing by on the other side. This"creativity"is to surpass the actual legal norm,legal principle; to Larenz, it makes up"legal expansion to surpass the actual law". It is necessarily to resort this creativity; find"Attendant"legal norm, to get fair judgments. In the case of passing by on the other side, we must find a balance between the right to life of"Victim"and the liberty of"Attendant"that choose to give beneficent salvation. It is more reasonable to require the attendant to undertake some necessary Criminal Responsibility; that base on the cognition of legal norm on capacity for responsibility.It is important to prove that the attendant's"refuse"is a behavior and the behavior cause the harmful consequence, when we analysis the case of passing by on the other side by legal norm. First, in the case of pass by on the other side, the behavior that passing by on the other side having the dint function to the follow-up affairs, can be regard as the basis to investigate the attendant criminal responsibility. Second, I put forward the concept of anticipated behavior,close living community,contractual incident liability and absolute domination, to provide the foundation of legal norm for the capacity for responsibility; by survey the case of passing by on the other side in a perspective of legal fiction. Finally, we can find the concept of ability duty has wide extension, and it is possible, licit to be applied the case of passing by on the other side in a perspective of sociology.Civilization, include the development process of the law, is a process that biological declines and reason emerges. So the case of passing by on the other side must be changed from natural moral relationship to mankind's peculiar legal relationship. Such relationship is not merely responsibility and obligation based on ethics, but also reasonableness person show his corpus inevitable.