| The captain,as the highest conductor and manager on board,played a decisive role in providing salvage.The specific obligation of the master to salvage life at sea is mandatory provisions in both the law and the international treaties to which has joined.But often to the captain to see the danger is only to the warning,the fine or the withholding certificate and other administrative means to punish.This kind of punishment method does not really play the deterrent effect.As the act and the consequences have been beyond the scope of other legal adjustments.Criminal law should respond in a timely manner in order to balance the contradiction between illegal negligence and ensuring the safety of human life.It is an important measure to combat the crime that the offender bears criminal responsibility commensurate with the severity of the consequences arising from his or her actions.In this paper,the captain of a passing ship does not provide salvage when he receives a distress signal or finds a danger,and discusses whether the captain's actions constitute an offence and what kind of crime he has established without fulfilling his statutory duty of salvage.In addition to the introduction,this paper is divided into four parts to explain the article.The first part is an overview.Defining concepts and combing behavior types.At present,the legal obligation to rescue the captain is divided into three categories.Including those who don't salvage the ship after the collision,don't salvage the ship's personnel,don't salvage other victims.In practice,there are differences in the above behavior treatment methods.I will make a distinction introduction.The second part is the difference of views between the captain and the crime of not being saved.Starting with the reasons for opposing incriminating and supporting incriminating:the former considers the stability of practitioners and the humility of criminal law;the latter is based on the long-term development of the shipping industry and the trend of international and domestic legislation.Emphasizes the importance of criminal accountability for them.The captain doesn't salvage life which is different from the general subject.Therefore,the captain should be held criminally responsible for acts that have serious consequences in violation of his legal obligations.The third part is to judge the captain to see the danger of not saving the conviction mode and path.One is the way in which new crimes are added,and the other is the way in which the application of criminal law is expanded.Comparing the two ways and the advantages and disadvantages of the method,it is found that the new crime method is not available,and the penalty is more complicated by expanding the applicable way under the existing criminal law framework.The fourth part is proposal for incriminating The essence of non-rescue behavior is pure inaction.It is advocated that the subject scope of the crime of abandonment and the way to expand the interpretation as an obligation can be applied to the captain's view of the dangerous and not salvaging behavior.This paper holds a positive view on the establishment of the crime of non-salvation of special subjects such as the captain.Compared with the articles on previous related subjects,it is regulated by the crime of abandonment in the existing criminal law crime.Jumping out of the pattern of adding new crimes.It not only maintains the consistency between the general provisions and the sub-rules of our criminal law,but also avoids the dilemma of being too special and difficult to classify when adding new crimes.A new interpretation of the subject of crime,the object of crime and the obligation in the offence of abandonment.It is the innovation of the article to the captain seeing the danger and not salvaging the criminal law system. |
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