On Impure Or Not As A Crime

Non-typical negative crime is a focus of controversy in the field of criminal law over the years,for the treatment of non-typical omission,focuses on the lack of law expressly provides and recognition.At present,precisely because judges lack the legal basis of the self-assessment,all non-typical omission was considered a crime,it is judges based on their own feelings and cater to an evaluation of the national feelings,which is essentially a law does not clearly establish as criminal behavior,based on the behavior unacceptable and severe moral condemnation,and interprets it as a crime,then selecting the relevant laws and charges to be applied,but there is no doubt that this interpretation relates to the analogy,also gave rise to extensive discussions of the scholars.And in the judicial practice,one of the most controversial non-typical negative crime is the punishment to the no-saving behavior.In recent years,the not-saving phenomenon has become a social hot spot.We can see the events of not-saving in varies of papers and webs.With the rapid development of economy in our country,moral landslide rapidly became the world of hidden dangers.In the traditional concept,not-saving should be only belongs to the scope of moral adjustment,which is people's moral obligation rather than legal obligations.When someone is in distress,save and not save is following freedom choice of people's heart.Save,can obtain the public's applause,and even will be judged as good model,but not save,also the most just by the conscience condemnation or the moral criticism of others.But now,more and more the fresh life was gone for other people's indifference,the rapid destruction of moral bottom line sting the nerve of the Chinese people.But,Any intervention of law is serious,it should relies on the sufficient theoretical basis and effective can be drawn lessons from experience to made a moral obligation rises to the legal obligation.Based on this view,the purpose of this draft is resolving the difficulties in China's criminal law,to extracting the most harmful not-saving behavior of society inconsideration,through the analysis of the ancient legislation in our country and reference to foreign legislation,which put forward a feasible legislative design of not-saving crime.In this paper,it's divided into four parts on the main body.The first part,carding the concept and characteristics of the non-typical negative crime firstly,through several representative cases of not-saving,to analyses the irrationality of punish non-typical negative crime at present,and reveal non-typical negative crime as lack of legislation.The second part,from the academic circle for opponents of adds not-saving crime,to find the core of the dispute is to see the concept of not-saving,and to clearing the scope of not-saving which discussed in this article.Then,through our country ancient legislation,or setup of foreign legislation and our country's legislative trend,to analyze the feasibility of adds the not-saving crime at present in China.The third part,this article will make a feasibility design to not-saving crime.It will put forward the community of "close relationship" and "exclusive dominant position" as a source of obligation,and demonstrate the feasibility of not-saving crime in practice.The fourth part,aims to illustrate the limitations of legal intervention,with many factors of not-saving phenomenon,and last,it will put forward an advice of set the rescuers exemption system measures in order to make the not-saving phenomenon can get comprehensive governance.