Indifference To Danger Of Crime Legislation

In recent years, indifferent actions from onlookers who didn't rescue those in danger have been constantly exposed in press circles. Considering that prohibitive legislation on this kind of action is still vacant in China and that this event can't be stopped efficiently simply by condemnation from social opinion, this dissertation suggests that the Crime of Being Impervious to Other Person's Calamity should be established. This dissertation will take up the following four parts one by one.Part I the legislative significance of establishing Crime Of Being Impervious to Other Person's Calamity. In this part, this dissertation introduced the serious social harmfulness of this crime, analyzed the defects of the current laws, and drew a conclusion by combining the basic theory of Criminal Law: it is an inexorable trend to establish this kind of crime.Part II Comparative research on crime of Being Impervious to Other Person' Calamity, In this part, this dissertation firstly introduced legislations in western developed countries and compared relevant regulations on this crime in overseas countries .Then, by combining legislative cases related to this crime in Chinese history and the current social state resulting from different responsibility sources, this dissertation thinks that it is sufficient to establish the action of Being Impervious to Other Person's Calamity but not to establish the charge of this crime, and that this action should be categorized into Result Case when constituent elements are established.Part III legislative establishment of Crime of Being Impervious, In this part, this dissertation firstly concluded the concept of this crime based on analysis of various views. Then, it expounded this crime from respects of Object, Objective Aspect, Subject and Subjective Aspect, thinking that this crime infringes directly on complicated object, namely personal rights and public security and indirectly on socialism moral custom; that time condition of Objective Aspect should be limited to dangerous state of personal safety and public security, that the Subject is general subject, namely natural persons aged 16 or over with criminal responsibility competence; that this criminal is intentional action as for subjective aspect. Meanwhile, this dissertation proposed that the following principles should be held...