| Others stuck in dangerous situations, those who give a hand will bear the risk of falling into a false accusation or blackmail, be involved in an endless suit because of the blunder in the rescue process or, what is more, suffer serious damages or even lay down their lives without prompt compensation and guarantee, whereas the bystanders look on indifferently. The tragedy that "heroes blood and weep" is ceaselessly on show and the case of Peng Yu is spreading the alertness all over the society, which has made more and more actors stand by when facing again the dangerous situations of others. How to take measures to encourage people to rescue others stricken by danger and further crack the dilemma of failing to rescue, which this paper will delve into, deserves our prompt resolutions.It easily occurs to people that the legal means can be used to regulate the dilemma and the voice for saving the falling morality and even criminalizing the indifference to others’ danger is rising especially after the occurrence of the Yueyue incident, which has received mixed responses from the scholars. This paper, basing on the hypothesis of rational person in economics that all the acts of human beings are to pursue their maximum profits, intends to explore the causes and the proper legal resolutions for the dilemma of indifference to others’danger in the most basic level with the cost-benefit analyzing method of economics, which makes the conclusion more convincing than that gained from abstract moral principles or doctrines.Apart from the introduction and the conclusion, this paper consists of four chapters. In the first chapter, this paper defines the extent of the concept of the indifference to others’ danger, which in this paper is confined to the situation where the actors who do not bear the obligation of rescue do not rescue others who are facing dangerous situations.In the second chapter, this paper presents from the perspective of economics, the revolution theory and the humanity the analysis on the action logic of whether to rescue others in danger, which holds that the actors will choose to rescue without the constraints of the laws for the aim of maximize their interests. In the third chapter, this paper first presents the reflection on the falling of social morality that leads to the frequent occurrence of the indifference to others’ danger and further the causes for that indifference which are mainly composed of the change of social environment, numerous excuses for actors to abandon the rescue, the dread of the actors who wish to rescue and so on.Drawing a conclusion about the legislation at all times and in all lands on the indifference to others’danger, this paper in the fourth chapter summarizes the proper legal resolutions of the indifference to others, which are mainly of the punishment on the non-rescuers, the protection for the rescuers, the claims of rescuers and the reward for rescuers.In the fifth chapter, this paper delivers of the analysis on the legal resolutions for the indifference to others’danger which manifests the fact, that the intervention of law in the difference is limited and the punishment on non-rescuers and the claim rights for the rescuers are not available while the protection and reward for rescuers can encourage the actors to rescue to some extent. |
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