Study On Non-Salvation-in-Danger Into The Criminal Law

In recent years,non-salvation-in-danger events are frequently appeared.These events caused serious consequences and adverse social impact,social morals seriously impact,non-salvation-in-danger should bear the legal responsibility of the problem,has aroused strong concern in china.Not only in academic circles there are quite a few scholars should save the behavior into the scope of criminal law,1993,2001,2004,a number of deputies have put forward should be added "legislative proposals to save the crime in the criminal law.In ancient China there on legislation to save,in some foreign countries such as France and Germany and Spain,Russia and Italy also in the respective provisions of the penal code the crime of not rescuing the people in danger.According to the current situation of our country have non-salvation-in-danger of criminal legislation,and a series of cases tell us,save the"onlooker" more and more,more and more social moral decline and decay phenomenon is more serious,only morally condemned to have not adequately address the contradictions become increasingly prominent,and not with the law means to regulate the China,thousands of years of moral civilization will be destroyed,this is no trivial matter,can not be underestimated.Based on this,this paper first raises the thinking from a group of failing to rescue the case,from the connotation of save,save the penalty for the analysis of necessity and feasibility,through the comparative analysis of the legislation of the crime of not rescuing the people in danger.This paper is divided into five parts,as follows:In the introduction part firstly enumerates several very representative non rescue cases,leads to moral and legal dispute,point out the blank save area in our country's criminal legislation,proposed legislation to face the problems,this paper will research into the criminal subject of non-salvation-in-danger.The first part of the text to save behavior are summarized,the definition of the save,save the types and forms and the reasons,the different views of scholars in our country to save or into the penalty,and puts forward the opinion does not save the crisis into criminal law.The second part mainly demonstrates the necessity and feasibility of not rescuing the people in danger in the criminal,social harmfulness from the necessity of clear save behavior,points out that save are universal,the reality and urgency of need to demonstrate the feasibility of;to find a legal basis and feasible from the value of the law,jurisprudence of law and justice,human rights,order,law and society,ethics,from the criminal law analysis,concluded that the Judicial Dilemma should not become the obstacle to save,is feasible.The third part is mainly through the examples of ways to introduce legislation in ancient China save legislation and foreign non salvation in danger,and China's current legislative situation,pointing out the save into the criminal track,legislative experience.The fourth part focuses on the analysis of the elements of the crime of not rescuing the people in danger,respectively from the four aspects of subject,subjective,object and objective aspects of a detailed analysis,and by reference to foreign legislation to determine the charges and comparing the domestic similar legislation to determine the legal punishment,design a complete law of the crime of non-salvation-in-danger.