The Study On The Behavior Of Non-Salvation-in-Dange To Be Convicted

The behavior of Non-Salvation-In-Dange not only seriously to depart from China's traditional virtues standard, and has the enormous social hazardous nature. The gauge definite opinion danger does not rescue the crime in the criminal law oneself becomes now a world criminal activity legislation common phenomenon, but in our country criminal law has not seen the danger not to rescue crime's stipulation, the behavior of Non-Salvation-In-Dange also merely to depend on the morals to make the adjustment. However current, the behavior of Non-Salvation-In-Dange appearance repeatedly, is attacking society's moral agent unceasingly, the behavior of Non-Salvation-In-Dange to be punished? The academic circle has the dispute. Through to current sees the danger not to rescue the behavior serious society hazardous analysis, in the synthesis quite overseas and China ancient times about saw the danger not to rescue in crime's stipulation foundation, our country saw the danger not to rescue the behavior to be punished then had the necessity and the feasibility, our country should construct sees the danger not to rescue the crime. In apply theory to reality's foundation, plans to use methods and so on historical studies, comparison research, analysis induction research, empirical study. From current sees the danger not to rescue the behavior the characteristic to embark and the current people's psychological bearing capacity, in the criminal law crime legal principle and in the penalty modest and restrained principle's foundation, constructs has the Chinese characteristic to see the danger not to rescue the crime.