An Analysis On Not Suitable For Face Punishment Against Looking On Unconcerned To Others’ Danger

In recent years, the behavior of looking on unconcerned to others’ dangerfrequently happens. People are adverse to this mood of moral indifference of society,meanwhile are helpless to restrain the behavior by morality. Thus, more strictregulations are put into practice to regulate the behavior. Apparently, legal regulationhas become the preferred method. The “Offense of looking on unconcerned to others’danger”is even considered to be established in the Criminal Law of China.Concerning the above social phenomena, from the perspectives of the propertyof criminal law, the property of looking on unconcerned to others’ danger and therelation between the two, the legislative condition home and abroad and the dispute ofwhether looking on unconcerned to others’ danger can be put into punishment or notin the academic circle, legal analysis of whether looking on unconcerned to others’danger can be put into punishment is conducted. This article is composed of fiveparts.The first part starts with the concept of looking on unconcerned to others’ danger,in which some doctrines of looking on unconcerned to others’ danger and the lookingon unconcerned to others’ danger in this paper are introduced. Currently, there is nounanimous definition of looking on unconcerned to others’ danger in the legal field.Here are some typical definitions. Professor Fan Zhongxin in Hangzhou NormalUniversity believes that “the so-called looking on unconcerned to others’ danger, in ageneral sense, is the behavior or attitude of being indifferent and not offering aidwhen someone is in danger”; Professor Li Guanghui and Dong Yuguang in SouthwestUniversity of Political Science and Law define looking on unconcerned to others’danger as the behavior of not rescuing when other people or public interest are indanger though the subject is able to rescue, or the behavior of unable to recue norreport or assist though the subject is able to report or assist, or the behavior of preventothers from rescuing; Professor Wang Li and Zou Bing in Southwest Universitydefine looking on unconcerned to others’ danger as the behavior or attitude of not rescuing indifferently when other people are in danger. According to the definitions ofthe above authors, the definition of looking on unconcerned to others’ danger in thispaper is summarized.In the second part, the legislations regulating looking on unconcerned to others’danger is introduced, of which include the legislative conditions of looking onunconcerned to others’ danger in ancient China and modern western countries. Theearliest legal writ on looking on unconcerned to others’ danger can be traced back toQin Dynasty, and relevant regulations on looking on unconcerned to others’ dangercan also be found in the juristic writing of different dynasties. The reason why everydynasty regulates looking on unconcerned to others’ danger is that it is closelyconnected with the system of punishing someone for being related to or friendly withsomebody who has committed an offence, it is also reasonable to say that looking onunconcerned to others’ danger is the ramification of punishing someone for beingrelated to or friendly with somebody who has committed an offence. In the presentage, some western countries, especially some countries adopting the civil law, set upthe clauses on looking on unconcerned to others’ danger in the criminal code, forexample, France, Germany, Spain, and Italy. However, around the world, the restraintby criminal law on looking on unconcerned to others’ danger is not the main stream,which mainly distributes in the countries adopting the civil law. In the countriesadopting the common law, looking on unconcerned to others’ danger has not beencommonly regarded as crime, which still belongs to the behavior of moral field.In the third part, the debate of whether looking on unconcerned to others’ dangershould be punished is discussed. The third part includes: firstly, whether the moralobligation can be transformed to legal obligation and be punished by law. Secondly,whether setting up the “crime of looking on unconcerned to others’ danger” violatesthe principle of restraining in criminal law. Thirdly, whether the “crime of looking onunconcerned to others’ danger” in legal practice is feasible or not.In the fourth part, reflection on the inadvisability of putting the looking onunconcerned to others’ danger into punishment is discussed mainly from theperspective of the property of criminal law, the relation between law and morality aswell as the difficulty in legal practice. For example, concerning the property of criminal law, from the perspective of the principle of restraining, the basis of thepower of punishment and the selective regulation of criminal law on the harmfulnesson society, the viewpoints that looking on unconcerned to others’ danger is not properto be put into punishment are discussed.In the fifth part, methods suppressing looking on unconcerned to others’ dangerbesides criminal law are analyzed. In this part, from the perspective of laws andregulations and the establishment of social system, methods suppressing looking onunconcerned to others’ danger besides criminal law are explored. Good SamaritanLaw and some mating systems are advised to be built, for example, improving thesocial security system, enhancing moral education, popularizing first aid knowledgeand taking advantage of the promotion of media, etc.