Research On The Additional Of Captain Seeing The Danger But Not To Rescue

As we all know,the production of the sea compared to land operations are very different,when the ship ocean sailing away from the land,the danger,the public power of the rescue is lagging behind,the most effective relief is often from the passing of the vessel.Although the relevant international conventions and the laws of our country have clearly stipulated that the captain has the obligation to rescue the life of the sea,but a large number of cases that do not save the case still occur frequently at sea,and our law on the captain see the behavior of non-saving behavior to take administrative punishment Sanctions measures,so that the captain see the endangered behavior is not an effective blow,brought about by the threat of human life and safety threats become more prominent.The captain to see the danger does not save this socially harmful behavior violated the sea of human life and safety of major legal interests,the master in violation of statutory maritime relief obligations,constitutes a crime,what kind of crime,what kind of punishment,the criminal legislation in China There is no provision.The lack of legislation and theory inevitably leads to the helplessness of the judiciary.In the actual work,there is no significant difference between the law enforcement officers and the law enforcement officers because there is no uniform judgment on the responsibility of the captain.Judicial injustice in different cases.Based on this,the addition of"captain see not save the crime" of the ship in distress and rescue life is of great significance.This article on the "captain see the endangered crime," the addition of the preamble is divided into four parts.The first chapter is an overview of the article,mainly introduced the captain see the basic theory of not to save the crime,first of all,define the "see the danger does not save" the meaning of revealing the nature of the behavior is not to do so.Secondly,starting from the power of the captain and the legal status of the master,clear the captain in the public law on the power and obligation to elaborate the master of the subject of the special legal status.The second chapter analyzes the necessity of establishing the "captain's view of failing to save the crime" from the persecution of the captain,including the serious social harm and the lack of existing legal control,as well as from the foreign legislation and the judicial practice of our country.Recognition and so on to elaborate on the feasibility of establishing this crime in China.The third chapter of the crime from the four elements of the composition of the "captain see the endangered crime," the composition of the crime and the captain see the endangered and non-crime,the crime and the boundaries of similar charges to distinguish.The fourth chapter elaborates on the penalty setting of the crime,and combines with the newly introduced "Criminal Law Amendment(9)",and puts forward the measures to set up the "practitioners' prohibition" on the subject of the crime,Do not save the crime,"the setting is more reasonable and perfect,to fill the captain see the danger of saving the criminal responsibility blank.