Analysis And Ponderation On The Case Of Looking On Unconcerned To Others' Danger In Chongzhou

On the basis of some typical cases of " Looking on Unconcerned to Others' Danger" in recent years in retrospect, this article , taking the case in Chong Zhou in particular for instance, briefly analyses and discusses the act which violates the pure moral obligation~2 from judicial practice and legislative research. The main body of the book consists of four parts:Part I : I put forward some questions after reviewing and reflecting the cases of "Looking on Unconcerned to Others' Danger" in recent years: Nowadays, in the current frame of legal system in our country, as for non-salvation-in-danger which are against the pure moral obligation , what procedure based on judicature ought to be determined and what judgment should be made eventually. How to deal with the act based on legislation? Are there any legislative experience, legislative model, pract ical demand and theoretical foundation to legislate it? Or should we look on it as a pure moral problem?Part II: Using the methods of inductive inference and comparative analysis, I analyze and define the concept of " Looking on Unconcerned to Others' Danger ". Besides, I discriminate the relevant concepts ,which contributes to better understanding non-salvation-in-danger and getting an exact definition. Furthermore, I make the research object of the article clear and limit its range of research, that is, the act of non-salvation-in-danger against the pure moral obligation studied in the article.Part III: For the typical case of " Looking on Unconcerned to Others' Danger " against the pure moral obligation especially in Chong Zhou, I carry on the overall legal analysis from procedure and entity with the method of empirical analysis. By comparing and inducing all kinds of advice in this case from all walks of life and commenting, I point out its oversight in trial procedure and errors in the entity. What's more, I bring forward the right procedure to deal with it and basis for evaluating and judicial verdict with the purpose of pointing out the mistakes and disadvantages when the Judicial Agencies deal with such cases, and unifying the approach of judicial solution, judicial cognition and judicial verdict . Thus we can avoid the judicial embarrassment if "the same cases but different results" or "different cases but the same cases" occurs.Part IV: Following the analysis about criminal liability and conclusion of the act of "Looking on Unconcerned to Others' Danger " against the pure moral obligation, I discuss this act from the angle of criminal legislation using the method of comparison of legislation and theoretical analysis. By comparing the legislative condition of the act at all times and in all over the world, I demonstrate the following viewpoints from two levels- the theoretical basis and practical need: Now in our country , we should learn from legislative experience and pattern in our ancient times and contemporary countries abroad, absorb our traditional legal thoughts, develop our traditional legal culture, and regulate the act of " Looking on Unconcerned to Others' Danger " against the pure moral obligation according to criminal legislation to meet the requirements of social reality and make theory consistent with practice.As far as I am concerned, I still have a long way to go in the theory of law although I have had several years' judicial practical experience. In addition, the topic I choose still has a large dispute. As a consequence, what I wrote is an audacious attempt as well as a severe test. But I intend to cast a brick to attract jade. If what I write can make the readers think about the social maladies and be beneficial to the declasses morality and the crisis of legal belief that we face today, I am satisfied.