Font Size: a A A

Analysis On The Legislative Issue Of Looking On Unconcerned To Others’ Danger

Posted on:2013-09-08Degree:MasterType:Thesis
Country:ChinaCandidate:L D ChenFull Text:PDF
GTID:2246330371488928Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, the media continue to disclose Indifference to Danger, nothing about them more and more events of this immoral behavior is not only severely damaged the social atmosphere, a huge impact on the traditional ethics, it also bringsa range of social consequences.October13,2011, Yue Yue incident occurred in Foshan Nanhai Huangqi Guangfo Hardware City sudden let Indifference to Danger became the focus of attention of all sectors of society. This also led to a deep-rooted relationship between law and ethics as well as "danger to save into the punishment should "and other issues of thinking, the author expressed their views on these issues.In this essay first describes the Indifference to Danger meaning and briefly describes the Indifference to Danger and foreign legislation and its development status, pointed out the danger to save behavior should be restricted to define in an appropriate range, and made a the first question-in the perspective of comparative Law, whether we should follow the practice of these Western countries, or with reference to the ancient Chinese legislation will be in danger to save into our law.Then the author of "Little Yue Yue event ", for example, the incident reflects the social and legal issues were discussed in the social transformation period, traditional society of acquaintances to strangers community during the transition period, acquaintances, followed by the community code of ethics is difficult to adapt to strangers social and standardize the market order and moral strangers have not fully formed, resulting in a lack of social integrity, moral retrogression, thereby giving rise to the phenomenon of mutual distrust between the people more and more serious in danger to save the King-shing, in order to normal.I focus on this point of view in-depth analysis of the relationship between ethics and law, two major aspects drawn from the possibility of legislation and the need for legislation in danger to save behavior should be subjected to legal correction of the point of view.Next, the author analyzes demonstrate whether addition of the Penal Code "danger Unconcerned," this issue. The author first summarizes the academic world in danger to save the grounds of crime, risk evaluation, and then from the difference between harmful to society, ethics and law, criminal law, human rights protection function, the behavior of actors selected criminal law Modesty, the expected results and other11denied in danger to save the crime of holding a favorable attitude toward the point of view, further discussion of the regulation there is no effective use of civil, economic, and administrative and other non-penalty penalty in danger to save the behavior, It is unreasonable and inappropriate to set up a "crime of Indifference to Danger".Finally, the author in danger to save the behavior of the remediation measures on the one hand, the application of civil law, administrative regulations and other normative documents its direct regulation, the other hand, promote the danger is not the courageous acts of legislation to protect save to "in danger to save".And I also advocate the countries should also strengthen legal education, social and moral education, cultural education, theory, policy advocacy and other aspects of the work, only this solve the problem of practice in order to truly put an end to the Danger of rescue behavior occurs, Hong Shin Restraining Evil continuously improve the moral standards of society as a whole.
Keywords/Search Tags:looking on unconcerned to others’ danger, criminalization, social harmfulness, modest principle of criminal law, good samaritan
PDF Full Text Request
Related items