Whether The Moral Obligation Can Become The Origin Of Nonfeasance Crime, Also Discuss Criminalized Of Not To Give Help With Others’ Peril

Since the reform and open policy, our country’s economic construction by leapsand bounds. Resident living standards are generally improved. It is worth noting thatthere are so many cases about not to rescue those in mortal danger, refuse to helpsomeone in real trouble, see someone in mortal danger without lifting a finger to savehim. Furthermore, some doctors refuse to save patients life. Guangdong foshan “xiaoyue yue” events caused wide range of public attention. Whether civil moralitypresenting landslide or not. Is it necessary to criminalized of Not to Give Help withOthers’ Peril. And if criminalized, will the crime circle become too large. Thosequestions caused a widespread discussion.Through calm thinking and careful analysis, compare with other countrieslegislation mode, based on our country’s conditions. Author analysed and study thepath of how to make moral obligation legalized. So that can make Not to Give Helpwith Others’ Peril in Closely Circle of life be criminalized. There are no article aboutdoctors refuse to save patients life in our criminal code, then the author suggest tocreate accusation of the Doctor Refuse to Save with Patients life. The article is madeof four parts.In chapter one, though define the conception of dangerous act, find the difference between nonfeasance crime and positive behavior. Classifying there are four kinds ofobligations belonging to the origin of the nonfeasance crime. Make a conclusion thatmoral obligation can’t become the origin of nonfeasance crime.In chapter two, author find the way of making moral obligation be legalized. Sothat can make Not to Give Help with Others’ Peril in Closely Circle of life becriminalized. And list other country’s legislation mode，so that we can use forreference.In chapter three, author discuss about the necessity and the possibility tocriminalized the act of Not to Give Help with Others’ Peril in Closely Circle of lifeand Doctor Refuse to Save with Patients life. In our country’s criminal code there is ablank space exist so that those social phenomenon can not be regulated. Though thecreation of those two accusations, the judgment can be normalized and judging by thearticle from the criminal code, the crime circle can also be limited.In chapter four, author make the specific legislative proposal. In order to makesuggestion can be put into effect.