Research On The Additional Of Captain Seeing The Danger But Not To Rescue

Even though maritime technology is highly developed,marine accidents still occurred frequently.When ocean accidents happen,submarine rescue often has much difficulty because of special environment of ocean an bad climate.Whether or not these vessels passing by carry out rescue depends entirely on the highest command of the vessel--the captain.The international convention explicitly stipulates the rescue for persons in distress as the legal obligation of the master.As the States Parties to these conventions,China has formulated relevant laws and regulations.Maritime law formulates the captain’s obligation of rendering assistants to any person in danger of being lost at sea,but breach of obligation only needs to bear administrative liability and civil liability.Criminal liability has the strongest deterrent and urging power.Only by clarifying the criminal responsibility of the captain,can the safety of life at sea be truly safeguarded.At the same time,ensuring the safety of marine personnel is also an important prerequisite for the development of the marine economy.Therefore,it is necessary to ‘Captain Seeing the Danger but not to Rescue’in the criminal law.The gradual dissolution of the social ethics system and the weakening of ethics and collectivism have made the discussion on whether the phenomena of failing to rescue can be criminalized.The article opposes contain the phenomena of failing to rescue by the means of penalty,because it can easily lead to the moralization of criminal law.However,the obligation of the captain to rescue is the minimum moral requirement.If this requirement is not met,protecting the life safety of citizens and maintaining social stability will become a recipe.There are huge differences in the content and causality between this crime and negative intentional homicide,and crime of endangering public security by other dangerous means cannot cover the elements of constitution of captain’s failing to rescue.At the same time,the valuable experience of this crime in other countries and areas also provides more possibilities for our legislation.Therefore,it is feasible to add ‘Captain Seeing the Danger but not to Rescue’in the criminal law.Captain’s failing to rescue is completely in line with abstract dangerous convict,so this crime should be abstract dangerous convict.At the same time,the article believes that this crime should be a standard omission offense.The counts and statutory sentence of ‘Captain Seeing the Danger but not to Rescue’ are stipulated as followed: The captain shall be sentenced to fixed-term imprisonment of not more than five years,and shall also be fined,and the employment ban may apply.