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Study On The Criminalization Of "Not-help-People-in-Danger Act" And The Criminalization Of Ethics

Posted on:2014-01-03Degree:MasterType:Thesis
Country:ChinaCandidate:H QianFull Text:PDF
GTID:2246330395995978Subject:Criminal Law
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The society develops quickly with more material wealth, but the traditional morality fades out. People chase on individualism, so that people’s morality is declining. The "Not-help-People-in-Danger" events are frequently reported, and this problem has been noticed by people from all walks of life. Our mutual relationship is always run by ethics. Especially when we face up with others’safety and poverty, national or collective interests, the ethics ask us to refuse and condemn the act of "Not-help-People-in-Danger". But the social fact of the excessive pursuit of personal interests and the ignorance of morality has made ethics lose their original sanction."Not-help-People-in-Danger Act" has brought us vile results and bad social influence. The social orders can’t wait for the resuming of ethics’power to encourage people to safe those in danger. So we need the support from laws. On one hand, using legal force to restore the moral management ability and bound obligation. On the other hand, using the force of law to restrict the "Not-help-People-in-Danger Act". So we can create the harmony of society and social orders.The "Not-help-People-in-Danger Act", as a moral obligation put into criminal law, has caused long-term controversy. This paper is based on the study of "Not-help-People-in-Danger Act" and the Criminalization of Ethics. And it consists of five chapters and about more than30,000words:The first chapter begins with a case of "Not-help-People-in-Danger Act". Since the early ninety’s, the situation became severe. We come to a basic conclusion on "Not-help-People-in-Danger Act" by the understanding of the case. And we will analysis the character of this kind of act in order to make sure its domain. Only the big issue, such as safety、property、nation and collective, have the character of the obligation in criminal laws. So calling these kinds as huge "Not-help-People-in-Danger Act" to differ from the normal ones.The key point of second chapter is this huge acts’relationship with laws. The big interest that we report have their similarities. The harmony of them is the base of making ethics into laws. We analysis the illegal character by the social harmfulness of his acts, The social harmfulness is the basic character of criminal acts. The huge "Not-help-People-in-Danger Act" is equal to the illegal acts. And the "Not-help-People-in-Danger Act" has same result with the obligations set by laws. So the huge "Not-help-People-in-Danger Act" can be the origin of obligations. The criminalization of huge act has its feasibility and necessity and it does not violate the modesty of criminal laws. The protect and guarantee of "hero acts" provide external conditions for the implement of huge "Not-help-People-in-Danger Act".The third chapter analysis the criminalization of both China and other countries, so as to put ethics into action according to our current legal conditions. It’s actual needs to make "Not-help-People-in-Danger Act" to be a sin of criminal. This act will make big and harmful effects. We should also sanction this kind of acts in our daily practice, so as to decline this issue and resume the sanction of ethics to build up health social orders.The fourth chapter discuss the legislation of criminalization of the act and its relevant punishments basing on the traditional four requisites of our nation. The criminalization of "Not-help-People-in-Danger Act" is a necessity to raise people’s feelings of safety and to protect human rights. What’s more, it’s a social responsibility which should be carry on by all the social members.
Keywords/Search Tags:huge morality, "Not-help-People-in-Danger Act", criminalization, huge "Not-help-People-in-Danger Act"
PDF Full Text Request
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