Study On Criminal Law Over The Criminalizing Of Not To Give Help With Others' Peril

In recent years, with the economic and social development, Fail to Rescue events occur frequently, Many victims can not be protected, with very serious consequences and bad social impact.That is not conducive for China's construction of building a harmonious society. As our criminal law did not set the appropriate penalties over the criminalizing of Indifference to Danger,that leads to serious consequences as the actor can not be caught. Many countries have set up this kind of Criminal law, but in China, this is still a controversial social topic. This article based on practice, combined with some classic cases, the establishment of Criminalizing of Not to Give Help with Others'Peril Should be discussed, we can analyze the feasibility and necessity of conviction, Study on Criminal law over the Criminalizing of Not to Give Help with Others' Peril.Besides the inroduction,the article is divided into three sections. Chapter one is about the Concept. We should analyze the concept of Not to Give Help with Others' Peril according to different classification .This concept is different from"Indifference to dead person"and"Samaritan".In this chapter the author lists theorists controversy focused on: is it moral obligation to take it into legal obligations; is it contrary to the principle of Criminal Law;are there specific operation difficulties to Criminalizing of Not to Give Help with Others' Peril. In conclusion, the author proposed the establishment of Criminalizing of Not to Give Help with Others'Peril.Chapter two is about the necessity and feasibility study. According to three aspects: serious social impact; the lack of law and the public requirements. The feasibility conditions include: help other people in danger does not bring additional risk to citizens; moral civilization, civilization and the rule of law's requirements; some legislative models. This chapter also give a summarize to the practical value to provide adequate theoretical basis.Chapter three is about the design and specific application of the legislation. I suggest that we should set up the obligation in Criminal Law and design the articles which constitutes the crime , the subject definition, the object definition, the subjective definition and the objective definition. This chapter also focuses on: difference between Criminalizing of Not to Give Help with Others' Peril and the non-crime; the situation with different number of people; difference between Criminalizing of Not to Give Help with Others' Peril and intentional homicide; crisis situations include the case of potentially dangerous.