The Theory Of“Pass By On The Other Side”to Be In The Sentence

China has the social soil and historical origin for the establishment of "not saving the crime from seeing the danger".In view of the provisions of the civil law system on the crime from seeing the danger,it can provide a certain level of reference for China's "not saving the crime from seeing the danger".The biggest controversy of "not saving from danger" is the legalization of morality and its standard."See danger not to save" into the punishment in line with the legitimacy of the moral criminal law and the principle of modesty of the criminal law.Compared with the traditional hierarchical division of "general subject" and "special subject",it is more scientific and effective to divide the obligations from the perspectives of "general relief obligation" and "special relief obligation".The general obligation of salvage is the requirement of whether the general subject(ordinary people)is entitled to "save the crime from danger",and the special obligation of salvage is the limitation of the specific subject.But the special relational subject includes the close subject which exists in the life,the community which engages in the dangerous behavior,and the close subject which governs the domain to oneself.In this paper,the theoretical basis of "not saving from danger" is demonstrated from five parts,and the limitation of "general obligation to save from danger" on the occasion of "not saving from danger" and "special obligation to save from danger" on the subject of a specific relationship is demonstrated from the perspective of obligation level,which emphasizes the rationality and legitimacy of "not saving from danger".The first part is the introduction,putting forward the background and significance of the research,and clarifying the research ideas and research methods of this paper.The second part is the legal investigation of "not saving from danger" and its application to punishment.It determines the general meaning of "not saving from danger" from the public perspective,and forms the legal investigation of its application to punishment from the perspectives of China(ancient,modern)and foreign countries.The third part is the legitimacy of "not saving from danger" into the punishment--centered on the legalization of morality,it lists the main arguments of"not saving from danger" into the punishment,and demonstrates that its legalization has the legitimacy basis of moral legalization.The fourth part is the basic reason for applying "not saving from danger" to the punishment.Firstly,the concept of "not saving from danger" in the aspect of criminal law is clarified,and then the "general obligation of rescue" and "special obligation of rescue" are discussed from the two levels of obligation.The fifth part is the criminal rule of law in the punishment of "not saving from danger",the main content is to create the crime and statutory punishment of "not saving from danger",and analyze the crime from the perspective of four elements,and finally put forward the corresponding supporting measures of the rule of law.