Font Size: a A A

Consider The Criminalizing Of Not To Give Help With Other’peril

Posted on:2013-07-28Degree:MasterType:Thesis
Country:ChinaCandidate:Y B ChenFull Text:PDF
GTID:2246330395970784Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
With the continuing reports of the media about the not to give help with others’ peril,more and more ordinary people and academics began to see the criminalizing of not to give help with others’peril.Gradually, formed controversial situation about criminalization or not of not to give help with others’ peril.In the course of the argument, not to give help with others’ peril should be criminalized that is the mainstream view. Relatively small number of academics have demonstrated that the action of not to giving help with others’ peril should be criminalized.But, reduce the claims of the crime ring is difficult to prevent the growing crime ring.In the article, found the nature of reason which strongly held in the criminal law to solve the problem of not to give help with other’ peril.And ultimately, as precondition to create clear path of crime, comprehensive consideration of criminalization or not of not to give help with other’ peril of necessity, feasibility and effectiveness.The last, we concluded that not to giving help with others’ peril should not be criminalized.In this paper, first of all, defines the concept of the active of not to giving help with others’ peril:other people’s lives,health and vital public interests are being subjected to the reality of imminent danger, the general subject is aware of the existence of an imminent danger, consider themselves have the ability to rescue and it Kaolin, Nanotubes-Kaolinite, Viscosity, Rheology choose not to rescue.Under this premise, advocate that moral is transferred to law is different from the moral is transferred to criminal law; modesty of the criminal law is not rule out the necessary criminalization, but it is different of the action of not to giving help with others’ peril can be criminalized;the criminalizing of not to give help with others’ peril conflict with not as a theory. Think that the nature of reason which strongly held in the criminal law to solve the problem of not to give help with others’ peril include:mechanically adopt the legal terms;ignore the screening about objective real public opinion and impulsive public opinion;wrong interpretation of the concept of risk society. Finally, comprehensive consideration of the criminalizing of not to give help with others’ peril. Eventually considered that the criminalizing of not to give help with others’ peril lack of necessity, feasibility and can not achieve the expected results which prevent the occurrence of not to giving help with others’ peril.
Keywords/Search Tags:Not to give help with others’ peril, Moral obligation, Legislativeconcepts, Criminalization
PDF Full Text Request
Related items