The Study On Criminalizing Of Not Rescuing The People In Danger

In recent years, refusing to rescue people in danger has appeared in the public view, andshowed a growing trend. It universally exists in the society, which reflects the indifference ofthe relationship between people in modern society and the disappearance of the traditionalmorality, and which has already threaten people’s normal life order and has an adverse effectto the harmonious society. Whether in theory or practice, the penalty problem of refusing torescue is always the focus of concern. In this paper, taking the specific events of refusing torescue as a breakthrough point, the necessity and rationality as well as the specific legalsettings about the refusing to rescue behavior into the punishment are deeply discussed.This paper is divided into six parts, about30,000words; the specific contents are asfollows:The first part is to put forward the thesis. Through the analysis of the repetitive events, itleads to the social public’s attitude and the practical significance about the behavior ofpunishment, which provides practical basis and realistic foundation for the study of refusingto rescue people in danger.The second part includes the concept and understanding of refusing to rescue people indanger. This behavior has blurred lines and a wide range of concept. In order to study theissue of crime refusing to rescue people in danger more serious and scientific, this partillustrates on the discussion of the understanding of "see", the scope of "danger" and themethods of "rescue" in detail, and it makes a more precise and strict definition as the premiseof the conditions, which lays a foundation for the following parts.The third part is the introduction of domestic and foreign legislation on refusing torescue people in danger. Through the introduction of ancient times of China and internationallegal provisions, it tells us that the penalty about this behavior has a certain history. No matterthe law of ancient times of China or foreign countries, there are definite referencesignificances to our country’s criminal legislation.The fourth part is the analysis of the nature of refusing to rescue people in danger. Theauthor focuses on human nature, harmonious relationship, spiritual civilization to illustrate thesocial harmfulness of the crime of refusing to rescue the people in danger; this also reflectsthe necessity of crime of refusing to rescue people in danger. For the small side, the behavior threats to human life and health; for the major side, this behavior is not conducive to socialharmony and stability, and even the entire human existence.The fifth part of the thesis analyses the essence of crime of refusing to rescue the peoplein danger. The first half part discusses the legal under appropriate conditions can intervene inthe field of moral adjustment; the act duty of crime of omission is suitable for substantiveexplanation, in order to prove the correctness of this proposition. The second part, through theanalysis of the social attributes of people, local culture and the modern social environment,and the modesty of the criminal law, it illustrates the rationality of the penalty.The sixth part is the legislative design of crime of refusing to rescue the people in danger.This part has the legislative design about the constitution of crime and penalty, and theanalysis about the protection and encouragement to the rescuers. The four main elements ofthe constitution of the crime are also discussed in detail. The author suggested to strictlyabiding by the principle of suiting punishment to crime and principles of criminal law to setthe penalty. In addition, in the aspect of the protection of human behavior, it also puts forwardthe author’s opinion, to avoid "good hard" embarrassing situation.