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Research On Incrimination Of Indifference To Danger

Posted on:2013-02-07Degree:MasterType:Thesis
Country:ChinaCandidate:L J XuFull Text:PDF
GTID:2256330374474480Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Face in large numbers in danger to save a behavior, a simple means of moralcondemnation has become powerless, people in a growing need for additional see thedanger Unconcerned. Indifference to Danger Criminalizing civil law in mostcountries of the trainee, but many scholars on this issue in the Common Law and theCriminal Law academia all have reservations about that will be in danger to saveinto the sin of legal, moral coercion, does not conform to the the Modesty principlesof the Criminal Law, or from other non-criminal means to tackle the problem in thepresent circumstances. However, through the study of foreign-related legislation, andof moral law, not as in-depth analysis of the theory of the crime and so on, in dangerto save into the sin of not produce adverse consequences such as opponents feared,the paper is divided into four chapters, one by one on these issues are described, thesetting of each chapter are as follows:The first chapter is in danger not to save the definition, I grasp the danger is notto save the definition of the core of the "crises" in the first section of this chapter,look forward to the rescue and be expected to rescue the people, both in termsspecifically discussed the "crisis "For the two different meanings, in order to obtainan accurate definition of the right to see the sense of crisis does not save the behaviorof criminal law. After a brief introduction in the second quarter of foreign practiceand the field in our country in danger to save the division on the type of behavior, through a comparative analysis, to further define the type discussed in this articleIndifference to Danger.The second chapter is the danger not save the necessity and feasibility of theincriminating explore the universality of the first section of this chapter the author indanger to save the behavior, serious social harm, the penalty when the penalty fourargument danger to save the necessity of incrimination; in the second quarter fromlegislative tradition, the foundation of human nature, the validity of the penalty andthe principle of criminal law humble re-examine the multi-angle analysis, theargument in danger do not save into the feasibility of the crime.The third chapter is the theoretical issues of enormous controversy for two inthe process of incriminate Indifference to Danger, the moral law enforcement issuesand in danger, not to save the crime of criminal responsibility principle, in the firstquarter I start from the transmutation of the moral and legal relations, and discussesin detail the moral law enforcement problem, performance standards, combined witha number of jurists on the theory of morality that demonstrated in danger to rescuethe Criminal Code of the moral obligation of reasonable and feasible sex. Section II,the author introduces several representative for the Criminal Liability Principle viewthat the "control" point of view can be used to resolve to see Indifference to Dangerincrimination.The fourth chapter is our country in danger does not save the legislation setcrime, the first three chapters focus on the theoretical point of view of analysis, thesetting of this chapter is based on the standard for judicial operations, the authordiscussed in detail in this chapter the four elements of the constitution of crimevarious small issues, and expounded the law personally think that a more reasonableset.
Keywords/Search Tags:see the danger does not help, not as guilty of pure, moralforce, constitute a crime
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