On Criminalizing Of The Act Of"Non-salvation-in-danger"

The people not only has the natural properties, but also with the social attributes. In today’s society, the social division of labor is clear and the people are related to each other closely. The social attributes of human beings is particularly important, anyone who leave the common life of the social group, he or she can’t be survival normally. Yet it is in this social situation, there has the phenomenon of not-saving which lead to the relationship between people gradually indifference, it is serious harm to the social community. And the phenomenon’s frequently occurs also makes people realize the loss of moral, people’s social and moral emotions have been seriously affected. Therefore the majority of ordinary people and some scholars have begun to recommend in the criminalizing of not to give help with others. Based on the Chinese nation’s excellent tradition of help others in danger and the cases emerged in recent years, the thesis set to discuss the possibility of the criminalizing of non-salvation-in-danger.This thesis mainly discusses four parts. First, in the first part of the thesis, introduced various countries on related theories of the act of non-salvation-in-danger, described the supporting and opposing views of the countries on the act of non-salvation-in-danger. After introducing the foreign situations, the thesis state different views of our country at present. In the second part of the thesis, through the study on the legislation of the act of non-salvation-in-danger at domestic and abroad, instructed that it have far-reaching historical origins, and there is a very important reference in the process of the criminalizing of the act of non-salvation-in-danger in our country. The third part of the thesis, starting from the theoretical aspects, proved the rationality and legitimacy of the criminalizing of the act of non-salvation-in-danger in our country. This section from four parts to argument: the criminal law should intervene in the public morality of the edge field, The substantive explanation should be done on the source of the duty of the non-action crime, the necessity of the use of criminal penalty and it does not contravene the principle of austerity. The last part of the thesis, the author conducted a corresponding legislative design of the crime of non-salvation-in-danger, however, the difficulty and complexity of this problem lies in how its system of legislative design. This part from the two aspects set the legislative design, and the two aspects are the construction of crime and the penalty set. First, by the definition of the legal interests, and then stated the harmful behavior, the hazard results, the causal relationship and the cause of illegality deterrence. And then the objective illegality elements are stated in specifically. After the statements, elaborated the objective illegality elements through the criminal liability, the fault and whether to have expectation probability. Thus to determine what kind of person undertaken the criminal responsibility of the crime of non-salvation-in-danger, and what elements should have that he can be the shoulder of the criminal responsibility. At the section of the punishment set, and established the appropriate of the statutory sentence of the crime of the non-salvation-in-danger, and distinguish different circumstances in discretion of punishment according to different situations. This part is just the author’s personal point of view, because studied under the limited theoretical knowledge, some ideas are not very mature, only hope that these ideas can play a little recommendations role.In a certain sense, although the criminalizing of the act of non-salvation-in-danger is transform the behavior of harm to people’s moral sentiments into a legal obligation, it not only contains the necessary emotional elements in the development of human civilization. In the process of the criminalizing of the act of non-salvation-in-danger, and better reflect the rationality of the human being.