A Study On Non-salvation-in-danger Into The Criminal Law

In recent years, non-salvation-in-danger events are frequently reported. The long latent non-salvation-in-danger finally emerges with an increasingly serious attitude, and causes widespread concern in society. Since the third person has long been no specific obligations of moral adjustment, so when they are in the face of personal safety of others being at dangerous state of emergency, they just do nothing. This so-called non-salvation-in-danger behaviors has lost effective control of morality in today’s social context. Non-salvation-in-danger has caused significant damage and adverse social impact, and has deeply hurt the hearts of people. At present, many foreign countries have brought non-salvation-in-danger into the adjustment of the criminal law, but our country is still in the hope of people’s moral quality to do what is righteous. Starting from non-salvation-in-danger cases occurred in recent years, this paper focuses on china’s actual situation, and concludes the concept of non-salvation-in-danger through the analysis of the connotation and denotation of the word danger in non-salvation-in-danger. Besides, this paper has a discussion of the feasibility and necessity of non-salvation-in-danger incrimination.From the feasibility point of view, non-salvation-in-danger incrimination does not violate the economic principle of criminal. Non-salvation-in-danger incrimination is irreplaceable and not costly. In foreign countries, the criminal regulation against non-salvation-in-danger acts has made a positive effect, and the legal and social benefits that criminal punishment produce have been proved to be far greater than the negative effects it produce. From a sociological perspective, based on social attachment, the individual must bear the corresponding obligations to the rescue duty generated by status and responsibilities and the rescue obligations to ordinary people, especially those in danger. This obligation is not only morally, but also legal. Moral and legal system are all defined in the scope of institutional economics. The difference is the moral belongs to the internal system, law belongs to the external system. As necessary compulsory support, external system often services for the social internal system,furthermore,they can also replace the internal system. Non-salvation-in-danger behaviors belongs to moral constraint category, and now people are to make it rise to legal category, which involves in the problem of external system replaces internal system. In the view of Institutional Economics, on the basis that external system brings larger benefits and it has no damage to social harmony, internal system replacing the external system is feasible and necessary. From the point of necessity, first, non-salvation-in-danger is universal and has serious damage to society. Secondly, the incrimination of non-salvation-in-danger meets the needs of social reality. After above scientifically analyzing, we know that, at present non-salvation-in-danger incrimination is feasible and necessary.In ancient China, there are legislationson non-salvation-in-danger, from the Warring States period to the Qing Dynasty. Although the specific provisions of various dynasties are different, but one thing is common, that is, to extend their domination and maintain prolonged stability. Then punitive provisions for non-salvation-in-danger is required in their respective laws. At present, some foreign countries, such as Spain, Switzerland, Germany and other countries have set non-salvation-in-danger crimes in their respective criminal law.Regarding legislative construction of non-salvation-in-danger crime,articles about crime indicate that we can learn from the provisions of the Criminal Law of Russia to set this kind of criminal behavior as non-salvation-in-danger crimes. Considering important moral obligation rising to legal obligation, that is also why we choose this name, we must strictly control its scope of application to avoid inappropriate expansion of criminal law and the violation of civil rights. Because non-salvation-in-danger behaviours have different degree of subjective viciousness and objective harm, so the type and span of penalty should be comprehensive and reasonable. The criminal detention and regulation punishment can also be assumed to as one kind of punishment for non-salvation-in-danger. On the constitution of the crime of non-salvation-in-danger, this paper has also analyzed one by one from the four elements of the crime constitution.