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Analysis On The Legislative Issue Of Looking On Unconcerned To Other’s Danger

Posted on:2014-05-18Degree:MasterType:Thesis
Country:ChinaCandidate:X T ZhaoFull Text:PDF
GTID:2256330401961328Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, to help that cause others to suffer from serious injury events frequentlyoccur, to help people deeply condemned morally as well as feel the moral constraints onthe behavior of weakness, so people to actively seek other measures to regulate thisbehavior.Considering to help behavior often leads to social members grave damage to life andhealth, has a great social harmfulness and should be subject to punitive punishment, so,will help behavior crime becomes the focus of many people, people will look into thisfield. Pros to use to help behavior of social harmfulness, the relationship between lawand moral, and to help relevant legislation abroad, and create many new theories todemonstrate to the rationality of the behavior a crime in our country and the necessity.But I think no crime also should not be rushed up to criminal law norms, investigate itsreason mainly includes: first, no crime violates "the law is the minimum moral" thisprinciple, blur the line between legal in particular criminal law and morality, is amanifestation of the moral law. Second, ordinary people no special main body legal aidobligations. Third, to help up to does not conform to the norms of criminal law criminallaw principles of " modest and restrained principle". Fourth," Saw the death of anotherwithout relief " crimes against principle of subjective and objective unity. This articlethrough to the ignored, a crime analysis, this behavior should not be in China at thepresent stage will rise as the conclusion of criminal law norms.This paper has divided into four parts:The first part is to help the concept and the status quo. In this part mainly introduced inthis paper discussed the concept of the die and only general subject of the researchscope, to die in sin said and no status and qualitative theory is put forward.The second part mainly discusses the question of jurisprudence said to die in sin. Fromthe legal and moral relations, the general subject of statutory obligations, the principleof consistent subjective and objective, the austerity of criminal law, the theory ofanticipated probability, such as human rights guarantee mechanism are analyzed to helpcan’t into the reasons for crime.Outside of the third part points out the solution to the criminal law of governance,namely through civil law, administrative regulations and other normative documentsand public opinion guide to see positively regulating dangerous not to save, and bydefining the application of the relevant civil laws and administrative compensationsystem to consummate and fund operation, to regulate from the opposite side.
Keywords/Search Tags:Saw the death of another without relief, Moral obligation, Legal obligation, Good Samaritan
PDF Full Text Request
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