Should Be Included In The Major Moral Obligation Is Not As A Source Of Criminal Obligation

In recent years, with a variety of cold and unfeeling social eventshitting the newspaper, which not only make people constantly suffer fromthe stings of moral conscience, but also arouse social’s introspectionin the perspective of jurisprudence. In accordance with the provisions ofcurrent law,“indifference to danger or death” cannot be criminalizedby law, only subject to moral condemnation. However, moral criterion cando nothing to restrain people’s indifference behavior without legalsupport.so author strongly suggested that criminal law should be introducedto see the crisis Unconcerned, while the incriminating restrictions shouldbe strictly grasped in order to achieve both effectivepunishment,meanwhile has great social dangers of apathy and lazyresponsible for acts to enhance the social, but also to prevent a simple,one-sided ethical conduct legal, that with the criminal law protection ofhuman rights contrary to the value orientation while the criminal andinnocent. This paper attempts to go on the fundamental basis of theintroduction of incrimination of "Indifference to Danger “and theconstitution of a crime due to the shortage moral obligation. In fact thereis a solid foundation for the jurisprudence to the incrimination of"Indifference to Danger “. The law is the embodiment of the decision bycertain substances of the living conditions of the will of the ruling class;it is enacted by the state or accredited by a national force to ensure theimplementation of the standard system, through provisions on people’srights and obligations, to identify, protect and develop normal socialrelationships and social order. Moral and legal functions are on a widerange of complementary nature. When morality can freely adjust people’sbehavior, the law doesn’t have to interfere with the pale; but when themoral constraints on behavior, especially relating to infringement orthreat of others, the moral law are undoubtedly a rational choice. But thecode of ethics should be transformed into legal norms in order to give full play to safeguard its role. From the point of view of Criminal Law,"Indifference to Danger" incrimination is to protect the dignity of law,acts detrimental to public morality and public order, not only to bereprimanded from the moral perspective but also b punished from the criminallaw. Therefore, it is necessary to advance some important moral obligationsinto legal ones. Of course the vague definition of the major moralobligation to the criminal and innocent of the consequences from theinfringement of legal interests the object of major should be avoided. Sothat people do not live up vertical, neither contrary to the basic valueorientation of the penalty for the protection of human rights and make thebehavior of serious harm to society to be effectively punished, in orderto reflect the value of the criminal law, to promote social overallprogress.