Research On The Criminal Legislation Of Being Impervious To Other Person’s Calamity

Long before China’s scholars have called for failing to help behavior into criminal legislation,but still fail to help crime still failed to achieve. At the same time,see the danger does not help phenomena also occur frequently in China, leading to our citizens and social interests are damaged.Because of the specific duties and responsibilities of danger without rescue behavior subject relevant laws to regulate it, now find a way to effectively contain no specific obligations and causal narrowly failing behavior we need help.The act does not help the behavior factors mainly include the "decentralized responsibility effect","agent theory" and the lack of relevant laws and fail to help guide and so on, according to these factors,to fail to help conduct criminal legislation has some basis in reality. On one hand the penalty punishment for those potential fail to help form a huge deterrent force, which can inhibit the occurrence be effective not help crime.On the other hand, the country through the criminal legislation does not help the behavior of danger punishment, thus clearly stressed the negative assessment of the danger without rescue behavior. From the theoretical perspective,see the danger does not help a crime not only modest and the principle of statutory crime and criminal law against, but also to better reflect, therefore to fail to help conduct criminal legislation has certain theoretical basis.Based on the investigation of failing to help other countries legislation,to learn advanced in different countries, according to the situation of our country and reference to essence for China’s legislation does not help.Finally, the theory of criminal law should be about "not saving crime" of the criminal law is designed for Chinese based on national conditions,make the danger does not help the behavior criminal legislation has the maneuverability and rationality. On the one hand the scope of strictly controlling the "crises",from the charges to the subjective and objective elements must be explicitly stated, avoid hitting surface of failing to help crime is too large, so that the purpose of legislation in vain.On the other hand, taking into account the misdemeanor properties fail to help the crime, the punishment to freedom penalty and Fa Jinxing flexible combination, punishment based on the people to accept and to create a strong deterrent force,this can better enable people to help this kind of danger and compulsory into consciousness the heart.