Serious Moral Responsibility Should Be The Source Of The Omission Obligation In Criminal Cases

Serious moral responsibility may be the source of the obligations of omission criminal, but should be limited appropriately. We can not have all the moral responsibility to rise to legal obligations without distinction. Serious moral responsibility has some specific properties, such as strictly personal property, Must fulfill, strong performance of the public expect and so on.Under certain conditions, not to lend a helping hand when others are in grave danger, should be treated as a crime, especially for those who have the ability to help others and the helping behavior will not cause the loss of their own interests, do not help others in the above case can be defined as criminal, but allows the perpetrator at the time to help others to act reasonably to protect their interests. Assistance should also be taken to act with common sense, and can effectively block the danger occurs. Only the kind of serious danger to human life and health of significant rights have been infringed is the case of the risk mentioned above. Such as the right to life, health, women's sexual rights and so on.How to determine the person responsible has been the biggest problem in establishing such a crime. I think that kind of person, knowing that their obligation to implement effective relief but did not lend a helping hand are the real responsible. We should consider the following to help define the implementation of the perpetrator acts is the most effective or not. First, obligor and the people who need to rescue should have a unique spatial correspondence, In other words, under the conditions at that time, no one else can help people that need assistance. Second, for some facts, conduct, obligor has the obligation to help a particular person. Third, we should also consider the obligor's capacity and condition of aid. I think we found the most effective rescue people, you can fully examine the above three aspects, and also one or two separate visits. As long as someone has one of the above three points, to be initially identified as the most effective way to help people. Of course, I think that in some cases, may be more than one person can effectively help others.Under certain conditions, do not report important information can also be defined as criminal acts. What kind of information needs to report? I think such as: violence, intentional injury causing serious injury or death, robbery, arson, explosion, poisoning, murder, rape, kidnapping,other serious threat to public safety, personal safety violent crime,crimes against national security crimes and so on. We can reward informants to encourage the public to meet the ordinary police cracked the case, but for those serious criminal cases, we should take strong measures to ensure public support and to help the police catch the suspect. In order to better fight crime, we should adopt incentive measures, but also pay attention to the measures of criminal punishment. Serious crime of moral responsibility can be limited to the following conditions. For the first, the parties know their obligation to help others. The second, the situation is very critical. The third, Obligor has the ability to meet his obligations. The fourth, responsible person is irreplaceable. Fifth, the behavior of non-performance resulted in serious consequences. The sixth, there is a causal relationship between actions and results. Limiting moral responsibility to rise to the law not only has the reality of the necessity and feasibility, but also can raise the moral level of the national total, and can improve the moral decline of the status quo.