On The Criminalization Of Failure To Rescue In Dange

The question of whether the act of "seeing danger and not saving" should be crim inalized has been discussed for a long time.The scholars who support the criminalization of "seeing danger but not saving" believe that the behavior of seeing d anger and not saving "has social harm of general criminal behavior,and is contrary to our traditional social mode of mutual assistance,which is unfavorable to the construct ion of ideology and morality in the background of our new era.The opposition believes that,first of all,rescue in danger is actually a moral act,and there should be a certain boundary between morality and law,and morality should not be legalized at will,otherwise the stability of law will not be reflected.Secondly,the law can not force people to do things,the law should keep its modesty,the "see danger not to rescue" behavior into punishment is threatening to do good;Finally,the "see danger do not rescue" behavior into the punishment has operational difficulties,such as the existence of the subject how to determine,how to collect evidence,subjective psychology how to identify and other practical problems.However,both the supporters and the opposition are discussing at the theoretical level without sufficient empirical research.As we all know,whether a behavior should be adjusted by law requires sufficient empirical research from real cases,and then statistics to support their views.Therefore,we should start from the social reasons of "seeing danger and not rescuing" behavior,judge whether it is justified to punish the behavior;Then,the social harmfulness of the behavior is analyzed,and if the behavior should be penalized,how to determine the subject of the crime and the type of behavior;Finally,it investigates the acceptance of the public and analyzes the realistic possibility of penalizing the behavior.After getting the affirmative answer,the author further conceived the law of the crime and designed the charge,indictment and penalty.In today’s society moral serious landslide,a lot of people in order to avoid the trouble to oneself,in the face of others in distress situation and not willing to lend a helping hand,it is bad for our country’s construction of spiritual civilization,should study will"see danger not save" behavior punishment,to law to promote good governance,for our country’s contributions to the rule of law construction and spiritual civilization construction.The first part of this article through to the three reality of "see danger not save" incident lead to "see danger not save" behavior in the disputes in judicial practice,and through the "see danger not save" concept,types and causes were analyzed,and carry on the reasonable localization,clear the basic feature of its general crime and social harm,should be adjusted by the criminal law.The second part mainly analyzes the social harmfulness,universality and infring ement of citizens’ right to life of the act of "seeing danger and not helping",and demonstrates that it has the reason and necessity of being punished.First of all,the behavior of "not rescuing in the face of danger" has serious social harm,and if it is not stopped by criminal law,it will bring serious social harm.Secondly,the behavior of "refusing to help in the face of danger" is universal,moral condemnation and public opinion constraints are difficult to play a very good role;Finally,the establishment of the crime of "failing to save in the face of danger" is conducive to the protection of citizens’ right to life.The third part of "see danger not save" behavior into sin on theoretical analysis,induction,supporters and opponents of the controversial from the legal level clear morality and law are not opposite,and "see danger not save" into the punishment is not in violation of the austerity of criminal law,when the moral condemnation has been unable to solve real problems,ethics must be increased to legal norms.The fourth part puts forward its own conception and idea for the behavior of "see ing the danger but not saving the crime".Based on the reality of our national conditions,combining with the overseas related judicial practice,the concept of "seeing the danger but not saving the crime" is carried on,in order to benefit the construction of Chinese rule of law.