The Research Of Calamity Salvation System And Morality Legalization

Recently the case that the passers-by neglected the endangered child "Xiao Yue Yue" has raised heated discussion whether the passers-by should get punished by law, and the voice to establish moral legislation has been stronger and stronger. This case has reached the point that jurisprudence has argued about the law and morality for a long time. The relationship between law and morality can be divided into two part:the enforcement of moral by law, which means the behavior that morality condemn are prohibited in law; the insurance of moral by law, which means the behavior that morality in favor are ensured by law. And the second point is what this article focuses on. This article is centered on rescuing the endangered, and discusses whether it is legal. And if it is legal, in what range and what extent should law ask citizen to help the endangered people. This article is divided into three parts, the specific content of each chapter is as follows.Chapter 1 focuses on the foreign law system about helping the endangered people, and analyzes the law system changes by history and social condition. Then summarizes the basic mode on the development path about the law insurance for helping the endanger people based on the legislation history and current, situation and analyzes the typical country under this framework. Chapter 2 attempts to find the history and realistic basis to build the future law system through the analysis of the relevant Chinese law system both ancient and recent time. Chapter 3 talks about the relevant theories about the insurance of moral by law, attempts to explore the theoretical basis on institutional improvement, and put forward the practicable standard that bring the morality into law insurance.By studying the law insurance about helping the endangered people domestic and overseas and seeking the theoretical basis and practicable standard to make the law insurance for morality, this article aims to provide a theoretic reference to help the institutional improvement in this field for China.