Study On The Criminalization Of The Behavior Of Being Impervious To Other Person’s Calamity

In recent years, with the development of our country, indifferent actions fromonlookers who didn’t rescue those in danger have been constantly exposed. peoplehave strongly felt that it is not enough to bound this behavior just through moral,though they condemn those who didn’t rescue those in danger in moral. Therefore, wehave to find another useful way to govern this behavior. Considering the socialharmlessness and culpable of punishment of this behavior, it could always bringharmlessness or threaten of harmlessness to people’s life and safety. So thecriminalization of the behavior of being impervious to other person’s calamity hasbecome a focus, and people think that only establishing crime of this behavior canpunish the behavior of being impervious to other person’s calamity. Assertors seek toestablish the reasonableness and necessity of establishing crime of this behaviorthrough the social harmlessness of this behavior, the relationship between law andmoral, and foreign legislation. However, the author thinks that in our country weshould not rashly establish crime of this behavior. The mainly reasons are as follows:firstly, the criminalization of the behavior of being impervious to other person’scalamity has breached the Modestly Restraining Spirit of Criminal Law, it notcomplies with the principle of Criminal law must be an instrument of last resort andthe principle of economy, as well as not helpful to establish the tolerance concepts ofcriminal law. Secondly, in accordance with traditional Chinese legal culture andvalues, it is not fit to establish crime of this behavior. Thirdly, if establishing crime ofthis behavior is lacking of maneuverability in practice, it will be difficult to achievethe aim as we need. Last, the author concludes that it is not fit to establish crime ofthis behavior at present.This article is divided into four sections excluding preamble and conclusions. Section1is the overview of the behavior of being impervious to other person’scalamity. In this section, the author discusses the concept of the behavior of beingimpervious to other person’s calamity, and defines the behavior as discussed in thisarticle. Meanwhile, the author introduces some domestic and foreign legislation aboutthe behavior, so as to have a macro understanding of whether there is criminalizationof the behavior of being impervious to other person’s calamity in ancient China andmodern foreign countries.Section2mainly explores whether the behavior of being impervious to otherperson’s calamity should be brought into the scope of criminal law through the path ofModestly Restraining Spirit of Criminal Law. The author discusses whether thebehavior should be deemed crime by analyzing the theory connotation of ModestlyRestraining Spirit of Criminal Law, from the aspect of the principle of Criminal lawmust be an instrument of last resort and the principle of economy and the toleranceconcept of criminal law.Section3mainly analyze the traditional legal culture and value, being lack ofmaneuverability in practice, and the economic development and the spiritualcivilization condition in our country at present and the problems that we will meet inpractice of establishing crime of this behavior, and concludes that it is not fit toestablish crime of this behavior at present.Section mainly talks about the solutions of the problem, just as using variousnon-criminal measurements and diversified solution mechanism to govern thebehavior of being impervious to other person’s calamity, which means we should takeadvantage of the function of civil law and administrative law which functions as thefirst line of defense. What’s more, we should perfect the social security system of theacts of good Samaritan, and encourage the acts of good Samaritan.