The Research Of The Behave’s Criminal Nature That "Not Rescuing The People In Danger"

This paper focused on “not rescuing the people in danger” which is the increasinglyphenomenon on the current social. In the research idea the author uses the case analysis model.From the case “a boss of a fishing boat who had seen the child who had fallen into thewater.Through the analysis of a case of focal problem namely the case reflects whether theproblem is not rescuing the people in danger behavior, failure to rescue is whether the act intolaw this paper raises topics of discussion that what is not rescuing the people in danger, fornot rescuing the people in danger behavior whether and how to conduct legal regulations. Inorder to solve these two problems, the author adopts the practice, experience and practicalmethod from macroscopic and microcosmic angle analysis, then put forward his own view inthe legislative suggestion.Throughout this paper, the author hopes that can comprehensively reflect" not rescuingthe people in danger" behavior of different features and different solutions,so as to perfect the legislation to make their own modest.The article thinks, for" notrescuing the people in danger" this behavior should not generally all regulation in law oreliminated entirely from outside the law.It should be combined with" not rescuing the peoplein danger" behavior occurs when the relationship between the parties, occurs when the contextand detail make whether the behavior regulation in law and regulation in the law, how specificoperation decision.Through theoretical and practical analysis shows that:(1) looking forwardto rescue and aid are de facto relationship, but because the law is not on this relationship bylaw caused by not rescuing the people in danger behavior;(2) look forward to rescue havespecial status, its compared with the public people greater social responsibility;(3) lookforward to rescue and help between without any legal obligations, but need to save timedependence of force all or only focused on looking at them. Three different" not rescuing thepeople in danger" behavior in the legislative suggestion.In this paper, a total of about200001words, divided into three sections:The first part, the article introduces the Jingjiang fishing bosses failing to help thechildren overboard case the basic case and refined out of the case involved two focus. Thecase of fishing vessels in the boss ’s behavior was not rescuing the people in danger behavior,not rescuing the people in danger behavior can be convicted. The second part, the article summed up in the theoretical circles on the failure to rescueis how to determine the behavior problem from different points of view, and learn fromforeign and Chinese history for not rescuing the people in danger behavior law basis,according to the case of focus problem made the analysis on legal theory.The third part, the article concluded on this case study. The article put forward the casein problem solution based on, through the form of legal provisions made for different types offailure to rescue act legislative proposals.