The Legislative’s Researching Of Establishing Crime Of Being Impervious To Other Person’s Calamity

"Not rescuing the people in danger of sin" in many countries already was the fact that does not dispute, but in China is still a controversial issue, worthy of study. Along with a series of failure to rescue events," not rescuing the people in danger crime" should be the penalty problem, caused wide controversy. The law circle of our country is not rescuing the people in danger criminalization debate invested the enormous enthusiasm. They or the votes in favor, undertook many meaningful discussion, or opposed, it also proposes many argued that point of view, some scholars cautious or neutral.In recent years, not rescuing the people in danger phenomenon has an increasing trend, caused serious social problems and moral crisis. From the reconstruction and maintenance of the socialist moral order and good custom in criminal law perspective, adding" not rescuing the people in danger crime" has its practical significance.Not rescuing the people in danger criminal legislation is the inevitable trend of moral legalization. The law is the minimum of the moral, do everything in one’s power without risk to help others is sometimes a lift a finger, which do not need to make a rational thinking, but a genuine moral accomplishment. The law is concerned with the social development and social life are closely related and everyone can obey the moral order. Moral obligation can rise to legal obligations, not rescuing the people in danger crime as ethical crime from the basic moral requirements.In fact, as early as in ancient China there for not rescuing the people in danger legislation, and to" Tang" modelled continued to the end of the Qing Dynasty, showed the legislations of vitality. Since the middle of nineteenth Century, western countries along with liberalism to the social departmentalism transition, both continental law system and Anglo-American law system countries for not rescuing the people in danger legislation into a great passion. The legislation on the crime and penalty provisions are more reasonable, in the judicial practice has achieved very good results. Can say that ancient and foreign related legislation for our country not rescuing the people in danger criminal legislation to provide a good reference and inspiration.Human nature theory as" not rescuing the people in danger of sin" establish provided a clear sequence. Enter after twentieth Century, human’s social attribute more highlight not separation, individual to participate in social life more and more frequent. The society for individual development provided vast space, but in the process of cooperation among individuals and assistance is particularly important. The attribute theory is" not rescuing the people in danger of sin" established foundation.Study of criminal law theory can find" not rescuing the people in danger of sin" established important basis. One is the social harmfulness. The frequent occurrence of failure to rescue phenomenon, either for the moral order effects, or to the life and health of others as well as the harm to public safety failure, has serious social harmfulness. Two is the punishment of. For not rescuing the people in danger behavior person Shi to reasonable penalty, the penalty crime prevention and education reform criminals have legitimacy. Three is the restraining criminal law. Not rescuing the people in danger behavior due to the serious social hazardous but had the criminal characteristics, is the civil law, administrative law and can not be replaced, if the scope of the criminal law act to apply in other legal intervention, is not reasonable.Not rescuing the people in danger with the traditional crime crime constitution" of four elements". The objective aspect of the crime is behavior person has the ability to save and do not give aid, causing serious consequences on the behavior of object of crime; socialist moral order and good customs; subject of crime is a common subject, for official, business without specific assistance obligations; subjective aspect of crime for the indirect intent.Not rescuing the people in danger crime establishment needs to adhere to the principle of economy of criminal law and carry out the idea of mitigation of punishment. Not rescuing the people in danger crime as a social danger of relatively minor misdemeanors, should not set", should make flexible use of the short-term free punishment, criminal detention, control, and focus on the application of fine penalty.As the saying goes, morality to moral, legal attribution of law. The existing mechanism of morality has been difficult to meet the increasing number of failure to rescue events, people for not rescuing the people in danger condemned to spare no effort, not rescuing the people in danger the legislative concern enthusiasm, some of the world’s countries generally trend is added in the criminal law "not rescuing the people in danger.".In this, the conditions and timing of maturity, our country also has the necessity in criminal law is "not rescuing the people in danger."...