Fail To Rescue In Jurisprudence Thinking

For the past few years, there have repeatedly exposed by the media the events of not-saving andpeople being framed or blackmailed after helping others, which have gradually become the focus ofattention, and formed a kind of social phenomenon. People express their condemnation to those Fail toRescue, and at the meantime their sympathy to whom have been blackmails. This phenomenon not onlyreflects the common ethical issues in China, but also our traditional moral culture are facing seriouschallenges, which generates two different voices to legal regulation of the Fail to Rescue phenomenon ornot, and increasingly arouses fierce impacts between the modern legalization and the traditional morality.This matter involves the dual relationship, law and morality, which needs combining with the concretesituation of our country contemporary. Even need to reinforce moral through law and to punish andincentive simultaneously, and pay attention to play the incentive function of law. That is the theme of thisarticle tries to explore.Drawing out the discussion of issues from real events, the article describes the implications, types andreasons of the Fail to Rescue phenomenon, and analyzes the reasons of this phenomenon from the aspectsof society, economy, education, media and law. According to the analysis, the emergence of Fail to Rescuephenomenon is based on multiple factors. Effective actions should be taken from various aspects to preventthe appearing of Fail to Rescue phenomenon, to dissolve the barriers among people and fully improve themoral standards of our society. Seeing others in peril without giving help behavior of this paper is limited tothe behavior of people who not have the obligation to rescue the person in the face of the critical state buthave no bail-out. Secondly, by analyzing the legalization of Fail to Rescue acts at abroad and in the ancientand modern times of China, China has unique national conditions different from foreign countries. Scholarsin China have discussed the legal regulation of the Fail to Rescue phenomenon or not. According to thediscussion, legal regulation of Fail to Rescue means people, especially from the aspect of criminalresponsibility, have certain obligation to give help with other’s peril. The person who are capable does notfulfill the obligation is assumed to be convicted. However, the legal mechanism includes two aspects: oneis to assure human rights, the other to protect legal interests, and the justice of the law is to punish bad doings. Moreover, legal norm is the minimum standard of the social norm, and not-harming the interest ofothers is the most basic requirement of it. It is a higher moral requirement but not the moral baseline to actbravely for a just cause, which is beneficial to the others. Finally, the paper discusses the feasibility andlimit of legal regulation of the Fail to Rescue phenomenon. In author’s opinion, the space of the lawintervention towards not-saving is limited, and the legal countermeasures of punishing not-saving behaviorwon’t work, the legal countermeasures of protection and reward rescuers can inspire actor rescue them indanger to a certain extent, and puts forward the prospects to regulate the whole morality, and fully improvethe phenomenon of Fail to Rescue through the emphasis of social practice, the improvement of helpingsystem, the media publicity and so on.