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Marginal Pondering Of Criminal Law Over The Criminalizing Of Not To Give Help With Others' Peril

Posted on:2007-11-29Degree:DoctorType:Dissertation
Country:ChinaCandidate:H J YeFull Text:PDF
GTID:1116360182493866Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Though it is already a fact of the criminalizing of not to give help with others' peril in many countries of Europe, it is still a disputable question in Common Law System and China, deserving to be researched. The criminalizing of not to give help with others' peril means that the action of failing to rescue is a kind of typical omission described by Criminal Law through the Criminal Legislation. Two angles are involved: legal compulsory of Moral; pondering over social state of affairs and the choices among different regulating methods conditioned by special social backgrounds of China.When it comes to the type of morality that the action of failing to rescue belongs to, as a kind of higher level morality, the action of not to giving aid to strange people with peril should not be criminalized. Criminal Legislation,as the beginning of Criminal Law's intervention to human being's lives, is affected by many elements, such as the traditional and actual social backgrounds of China, the mental mechanism of behavioral body and different allocation of Criminal policy. As far as the regulation of failing to rescue is concerned, though criminalization is matter of Criminal legislation, other non-criminal measures should be considered prior to criminal measures because Criminal Law is as a last resort. What's more, as one link of whole criminal events, Criminal legislation plays an important role in the criminal system of legislation, jurisdiction and citizen's loyalty to the law as a whole. So it must give consideration to the latter as the same time as it works out the legal documents.Because of considerations to moral, social, mental mechanism and legal facts etc., the action of not to giving help with others' peril of general subject should not be criminalized. However, it does not mean that any kinds of failing to rescue cannot be criminalized. Failing to rescue of four types of special subjects including between partner, lovers or no-marital cohabitants, medical institution or medical staffs and officers of country employment should be made criminal...
Keywords/Search Tags:not to give help with others' peril, Duties to act, Law and morality, Criminal Legislation
PDF Full Text Request
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