| With the development of social market economy, people’s excessive pursuit forpersonal interests has endangered the environment of traditional Chinese virtue. Fora long time, the behavior of rescuing the people in danger is adjusted by ethics, but ithas been gradually out of the scope of moral restraint in today’s social background.Seeking legislation intervention is imminent in the face of such phenomenonbecoming increasingly common. The discussion about crime constituting of notrescuing the people in danger begins. It is a long-standing controversy over crimeconstituting of not rescuing the people in danger. As a moral duty, rescuing thepeople in danger whether can be adjusted by the criminal law the main focus is onthe relationship between morality and law. The relationship between morality andlaw has always been a controversial problem. So we should be treated with cautionabout the legalization of moral behavior. On the one hand, the ethics can noteffective adjust the behavior of not rescuing the people in danger, and the crimeconstituting of not rescuing the people in danger is not violate the basic principle ofthe crime law. So using crime law to control the behavior of not rescuing the peoplein danger is equitable and efficient. On the other hand, the legislation of not rescuingthe people in danger was being throughout the history, and the foreign legislationsalso have the instance of legislation about not rescuing the people in danger. All ofabove can set us a precedent for the crime constituting of not rescuing the people indanger. Therefore, the crime constituting of not rescuing the people in danger bothhave theoretical basis and practical examples. Of course, the research of crimeconstituting of not rescuing the people in danger should not only be staying in thetheory, but also should be pay attention to the actual design of the system.Combining with the fundamental conditions of china to make the crime constitutingof not rescuing the people in danger can adapt to our social. |