Study On Non-Salvation-in-Danger Under The Criminal Law In China

Non-salvation-in-danger behaviors have been always been considered as one of immortal behaviors in Chinese traditional culture. before, In order to construct a harmonious society, the governments before regulated it as a illegal behavior for the purpose of punishing the non-salvation-in danger person. At present, non-salvation-in-danger behaviors in some developed countries are still taken in consideration of legislative modification to prevent breaking the bottom line of citizens’morality. According to many non-salvation-in-danger cases which occurred recently in China and actual domestic situation, the author has not only made detailed analysis of non-salvation-in-danger in terms of concept and cause but he has also given reasonable suggestions on punishment.Analyse the necessity and feasibility of introducing non-salvation-in-danger crimes in a scientific manner and draw the conclusion that it is imperative legislations be promulgated in China now, which can be implemented. Firstly, it is necessary for virtuous social development and the guarantee for good humanity. Besides, it causes danger to society, which has to be fixed by the law. Morality no longer plays its role in curbing the occurrence of non-salvation-in-danger. Secondly, it’s feasible because it complies with the principles of the criminal law and China’s traditional legal ideals. It’s been tested and practiced overseas. In conclusion, it is both necessary and feasible to enact such legislations.Analyze the possibility and the necessity of introducing the non-salvation-in-danger crime to China; get a conclusion that it is in urgent need of setting non-salvation-in-danger crime through scientific analytical methods and summarize which is practical in China. Legally speaking, salvation-in-danger should be stipulated as a basic duty in the criminal law whilst non salvation-in-danger should be stipulated in the provisions of the criminal law as violation of human rights. The crime consists of people, whose inaction lead to the danger of others, and the human rights of citizens. The punishment should be imposed, such as fines, detention or jail term not more than one year.Explore the issues of the employment of specific judicial laws in non-salvation-in-danger crimes in China, distinguish the bottom line between the crime of non-salvation-in-danger and innocence of non-salvation-in-danger, the standards of successful and attempted crimes and related charges, and pay the way for the introduction of non-salvation-in-danger crime to the criminal laws. The crime and non-crime of the non-salvation-in-danger is judged in line with international practices. The successful and attempted crime of the non-salvation-in-danger is judged by the outcomes. When there is an indirect cause and effect between the inaction of people and the danger the victims are in, the crime is committee and people need to be punished by the law.