Font Size: a A A

Demonstrate The Legalization Of Morality And Limitation

Posted on:2013-01-11Degree:MasterType:Thesis
Country:ChinaCandidate:M Y HouFull Text:PDF
GTID:2216330374966892Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, all occurrences like 'PengYu' and 'XiaoYueyue' are challengesof the moral bottom line. Many people think that those phenomenon has been out ofcontrol and overstapped the underscore of moralityï¼›these social problems can not besolve only by morality, so they call for the legal issue rise from this part. Based on theanalysis of the relationship between morality and law by author, the legalization ofmorality is certain necessity and practice has proved its feasibility, but legalization ofmorality is not a panacea, it has limitations its own. This thesis main to demonstratethe problem that legalization of morality should be limit by analyzing that thebehavior of no rescue for people in danger could not be criminal.This thesis dividesinto3parts.The first part, from two angle that is morality and law relation and Chineserealistic social change to exposition the necessity of the law of morality melts;The second part, from theory of jurisprudence and the domestic and internationallaw is practiced to exposition the practicability of the law of morality melts;The third part, Seeing the danger does not save as perspective to discuss thelegalization of morality and limitation. This part is the focus and core part of myparper.1,the main is exposition the reason of see dangerous but don't rescue from5parts, By peng Yu case,the bystander effect,the social value of the transitionproblem,the,mainstream media to expand in danger to save the event renderingpower,aswell as laws and regulations is not perfect five aspects derved.Not just indanger to save into the criminal will be able to fundamentally reduce or ever aviddanger or save the phenomenon occurs,the legalization of morality is not a finalsolution to this social phenomenon.2,to exposition the things of see danger but don't rescue enter the criminal law.Have not practicability from the content that and difficulty to operate.From hardly todetermine about see the main body of indifferent to danger and subjectivemalignant,investigation and evidence collection difficulties,spending a lot of national resouces and so on.3,the main is exposition the reason of legalization of morality of limition andfrom the theory of legalization of morality the offense of violation of the "law is themoral minimum". Demonstrating is limitation that the legal issue rise from thismorality to some extent.
Keywords/Search Tags:Legalization of morality, Limitation, Danger do not save
PDF Full Text Request
Related items