On Criminal Regulations Of Non-salvation-in-danger

There’s no doubt that it’s obvious important the criminalization of not give help with others perial as the hot topic of "Xiao Yueyue"has became people’s moral discussion once again.When we facing the health and the life of citizen,we can not have any hesitate,but we know the fact that the measures hasn’t effect.There are many cases of that kind, if some people not give help with others perial.In fact,only depend on the power of moral,it’s far behind enough.the should act to the people of criminal law must contribute to save the people perial.In the purpose of this,the writer rethink the establish of not give help with others perial legal. This disseration can divide into four parts:In the first part of this paper,in the case-analysis research method to put forward and further explain the meaning of not give help with others perial.Firstly,the writer analysis the case of "XiaoYueyue"as well as the nature of18"spectors"’s behaviour.leading to the not give help with others perial is an universial phenomenon in the society,so it’s very necessary and urgent to solve this problem. Secondly,in the perspective of legal to explain the meaning and scope of not give help with others perial,that is the theory basis of this paper.Thirdly,with the hope of further research the meaning of not give help with others perial, introduction of foreign countries about "not give help with others perial" legislation and our country ancient " not give help with others perial" have related content of the legislation and makes a summary.In the second part of this paper,in the research method of summary to analysis the criminilize not give help with others perial,Firstly,summary about the problem’s both sides of the not give help with others perial argument,on the basis of them, the writer put forward his own opinion. Secondly,explain the posive side of not give help with others perial,to explain to criminilize a action in the criminal law theory.in this side relate to the relationship between legal and moral,modesty of criminal law,the operability of the crime,and analysis this phenomenon in the perspective of.the economy negative side of not give help with others perial,that is to say the harmful to the society,the purposely and justify to criminilize it.In the third part of this paper,in the research method of conclusion and comparation to legal design for not give help with others perial.Firstly,analysis of the constitutes of not give help with others perial crime,the subject、object、subjective aspect and objective aspect of it.emphasis on the obligation resouece of it,the body identify of the onlooker or no crowed of people,the possibility of expecting not give help with others perial crime,the object of it and so on.Secondly,compare "the Germen penal code","the french penal code"," the Italia penal code",and combline the the crime of abandament in the basic principle of our country’s responsibility and punishment to adapt.design for not give help with others perial in criminal law.Thirdly,in the method of conclusion,summarize the law about not give help with others perial,in view of the constitute of the crime in the first part of not give help with others perial crime and the design of it in in criminal law,formed complete representation in the law.In the four part of this paper,the judicial determination of not give help with others perial crime.mainly from three aspects to identity this crime, the prove in the process of operation, and the define the legal nature of drop out.In the first aspect, distingush crime and no-crime,as well as different kinds crimes.Combing with the case,put the differences of not give help with others perial crime and deliberate kill crime,in addition, not give help with others perial crime and the abandonment crime and dereliction duty crime as well as their judgement.In the second aspect,beginning with three situations,discuss the problem of judisified prove of not give help with others perial crime,supply the operability with theory.In the third aspect,refute the problem of the legal nature give up in the process of help in the place of the volunteer to undertake the obligation’s theory,further analysis two specific kinds different case,and come to the conclusion.