Research On The Issues Of Being Sentenced For Facing Others’ Danger Without Saving

There has been a long discussion on whether the act of not saving in danger can be punished in China.The discussion on the theoretical level has been relatively mature and complete,but the supporters and opponents have different opinions,do not give way to each other and do not reach an agreement.The crux of the problem is that the discussion of this issue is only limited to the theoretical level,not enough empirical research.In fact,whether a social phenomenon can be regulated by law,especially the criminal law,requires sufficient data support by means of empirical research.First of all,it is necessary to investigate the causes of this social phenomenon and judge whether it is suitable to be regulated by applicable laws;then,analyze the social harmfulness of this behavior and find out who can be included in the criminal law for regulation,and only the behavior with serious social harmfulness can be defined as a crime;finally It is necessary to investigate and analyze the public acceptance of this act into the criminal law and predict the degree of its implementation.After getting the positive argument,we need to further analyze how to design the crime and penalty,so as to make the order and prohibition,good law and good governance,and contribute to the construction of socialist rule of law.