"Fail To Rescue" In Jurisprudence

When all live life disappears,in the eyes of the bystander,and the bitter experience has repeatedly staged, the scene that seeing o thers in peril without giving help has become a very non-harmonious phenomenon to construct a harmonious society in China.In sociey, phenomenon that seeing others in peril without giving help happened constantly caused extremely bad influence. The ruthless attendee in the face of the victim assistance have ability to help, and this behavior does not harm the legitimate rights and interests of themselves and third one, but refused it.Current, academic involved in the comments about this phenomenon. The debate focus on whether or not to save in danger, and whether should be attributed to the extent of the law, and how to regulate the behavior by law.This article draws on the measure about dealing with foreign countries , based on national circumstances, it analysis the legal basis on the "the Acts of Bad Samaritan" and how to regulate by law.This article is divided into five parts .The first part from the "Fail to Rescue," meaning to start. Only defined the "Fail to Rescue," the connotation and extension in order for us to provide the prerequisite and basis. After analysis the nature of the behavior , from the situation, this static behavior has a force of subsequent events with responsibility for research.The second part from the practical point of view of the phenomenon of social status, including moral dilemmas and legal difficulties. And should be attributed to the extent of the law, from the perspective of ethics and law and sociology explanted this phenomenon and analysis objective and subjective reasons to eliminate the phenomenon.The third part describes the foreign and our country how to regulate behavior by law, and make a comparative analysis.The fourth part provides a reasonable basis of how to regulate behavior by law, from the reality of the necessity and legal basis for moral law to prove the feasibilities.In this section, simple argument the rationality and how to effectively translate into moral law. Part V of the article is thinking to save legal regulation. The whole thesis is based on the necessity and possibility, form culture and moral aspects of legal regulation means to save the act of Danger made specific suggestions and recommendations supporting system. This chapter highlights is the opposite from the cut to save Danger by non-criminal measures, establish and improve protective system to eliminate acts of"Fail to Rescue".