Font Size: a A A

On The Crime And Nocrime Of Facing Others Danger Without Saving

Posted on:2020-02-15Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y WeiFull Text:PDF
GTID:2416330572998321Subject:Law
Abstract/Summary:PDF Full Text Request
In 2011,a young girl under the age of 2 in Foshan,was hit by a car on the road,but the"Xiaoyueyue Incident",which was not rescued in time,caused the society to solve the problem of "seeing the danger".Widespread attention has led to discussions in the theoretical community on whether it should be punishable by danger and how the law should solve this problem.The so-called danger is the act of a person who has reached the age of 16 and who is not expected to be rescued by the person who is expected to be rescued.He is basically not in danger in his or her environment,but does not give assistance to those who are in danger and expect to be rescued.Seeing the danger in danger is the real danger of losing life or major health damage to the person being expected to be rescued.On the other hand,for the rescuer,there will be no rescue assistance.A reality of low risk or danger.For a general subject who does not have a statutory bailout obligation,in the face of the reality that others need emergency assistance,if they are able to rescue and do not harm them,they will be deemed to be "not in danger".In ancient China's legislation,the provisions on penalties for crimes committed between neighbors and not aided,as well as the criminal legislation that is in danger of being saved in foreign legislation have certain reference significance for China to solve the problem of crisis.The theoretical circles have a big controversy over whether or not they should be guilty of grievances.The main reason for those who are in favor of conviction is to face the social reality that is more common in the face of danger.The moral obligation of seeing danger should be translated into legal obligations.Incorporate into the criminal law system;those who believe that they will be guilty of danger will be divided into the first moral obligation and the second moral obligation,and the moral obligation that belongs to the second sex should not be directly used.To adjust,and based on the modest theory of criminal law,we should not expand the criminal circle.In other spaces where there is room for improvement,we cannot directly adopt the final criminal law to regulate it.Therefore,we should not be guilty of danger.It is correct to oppose the view that danger is not saved.It can be used to control the phenomenon of danger and insecurity through the means of administrative punishment and the encouragement of civil law to indirectly solve the problem of in danger.
Keywords/Search Tags:Failure to Render Emergency aid, Legal obligation, Moral obligation Seeing righteousness
PDF Full Text Request
Related items