The Analysis Of The Criminalization Of Standing By The Danger Without Rescue

As we known,‘Standing by the danger without rescue’ is a kind of situation whensomeone have the ability to rescue the others, and his rescue will not give himself or aninnocent person a significant dangerous situation, but him just stand by the emergentdanger. In recent years, with the rapid development of media and internet, a large numberof cases about ‘Standing by the danger without rescue’ have been exposed. At the sametime, with the denunciation and condemnation referring to those vicious cases, any class ofpeople focous on moral criticism, furthermore, most of them throw themselves into thedrastic and in-depth discussion of standing by the danger without rescue.For a time, the voices of ‘Standing by the danger without rescue’ are so high, moredeputies in1999and2001, the National People’s Congress proposed the addition ofChina’s criminal law does not see the danger to help rescue the crime or crimes did not seethe danger. What I can do to due with the serious moral mess of standing by the dangerwithout rescue? To rebuild the moral? or resort to criminal law system? The argument ofacademia still exist. Some scholars advocates the definition of standing by the dangerwithout rescue will be sued, from the task of maintaining social ethics of the criminal law,and the dangerous situation of standing by the danger without rescues, as a crime of thetheoretical basis for the enactment of legislation; the others believe the system of Chinacriminal law is special, unlike Western countries, the criminalization of standing by thedanger without rescue is worthless because of the contravention of the esprit of themodesty of the criminal law. Zhao Tingyang, a famous philosopher once said:"We cancriticize the life with angry emotion, but we can’t think over the life with angry emotion."In my dissertation, combining with particular examples, I will focus on whether thecriminalization of Standing by the danger without rescue is correct or not, furthermore, Iwant to argue a new perspective of Standing by the danger without rescue, relating to theethical, social and psychological aspects of analysis, the use of criminal law theory and soon. After the analysis and argument of Standing by the danger without rescue, the authorwould oppose the criminalization of ‘standing by the danger without rescue’ without anyconditions or restrictions, although, oppose the issue of the justice system only act as"spectators" when somebody just standing by the danger, and research the new area ofspecial relationship between husband and wife, between official and citizen, medicalinstitutions and medical staff and other types of subjects do not see the danger in crimecases. I think it is necessary and feasibility that definition of standing by the dangerwithout rescue will be criminalized in some special subject, and put forward the relevantlegislative proposals.