Research On Mariners’ Criminal Responsibility Of Violate Life Salvage At Sea

In practice,there have been acts of punishing seafarers for failing to perform their duty to rescue life at sea in accordance with the Maritime Traffic Safety Law,but the review of this obligation cannot stop in the field of administrative law.Administrative responsibilities cannot be fully adapted to the possible consequences of failure to perform the duty to rescue life at sea,The omission of such persons with special duties to not fulfill their obligations must be evaluated by criminal law.To discuss the criminal liability of seafarers for failing to perform their duty to rescue life at sea,it is first necessary to clearly define its concept,and distinguish it from similar obligations such as maritime disaster rescue obligations and ship accident rescue obligations,only in this way can we correctly recognize who is the subject of criminal responsibility for not fulfilling the obligation to rescue life at sea and the content of his behavior.In terms of the subject of criminal responsibility,due to the particularity of the captain’s statutory duties and the highest status on the ship,the criminal responsibility of the captain for failing to perform the duty to rescue people at sea is widely recognized.Due to the unequal status between the captain and the crew and the unclear provisions of the relevant laws on the content of the obligation to rescue life at sea,The main body of the crew’s responsibility is ignored.In criminal law,the content of the duty to rescue life at sea can be summarized into two aspects: contact rescue and search report.Through the analysis of the relevant legal content and the performance of the crew in practice,the crew obeys the captain but is not a simple helper for the captain to fulfill his obligations,and independently undertakes the two aspects of rescue obligations.After judging that the crew is a person who has an obligation under criminal law to prevent the result from happening,the third part mainly discusses the possibility of the crew performing the duty to rescue life at sea and the possibility of avoiding the result,the content of the crew’s actions includes not only obeying the captain’s orders to directly contact people in distress,but also undertakes unique reporting obligations.At the same time,it should be noted that the objective environment and the captain’s orders restrict the crew’s behavior.The death or injury of persons in distress at sea shall be a condition for taking criminal responsibility,making a clear distinction between criminal responsibility and administrative responsibility.Finally,there are two feasible solutions on how to use criminal law to regulate the behavior of seafarers who fail to perform their duty to rescue life at sea.The first is to explain the existing crimes under the existing criminal law model,it should be recognized that the crime of abandonment is an atypical crime of omission,and the crime of abandonment cannot only be regarded as a crime between family members,so it is necessary to further explain the subject of the crime of abandonment.Secondly,the essence of the obligation to support is to ensure that the dependents can obtain humane survival.The crew can be interpreted as the main body of the crime of abandonment,and the rescue of life at sea is a kind of support behavior in a broad sense.It can be seen that due to the expansion of the scope of interpretation,the predicted possibility that the crew member’s failure to perform the duty to rescue life at sea constitutes the crime of abandonment and easily violates the nationality has become an analogical explanation.Therefore,it is necessary to discuss the new charges to completely solve the problem of people with special duties not fulfilling their duty of assistance.Abandonment among family members is clarified by limiting the provisions of the original crime of abandonment,at the same time,the second paragraph of abandonment is added,and the abandonment of persons with special duties is also included in the crime of abandonment.Before the current criminal law has not changed,the interpretation scheme is still worth considering,but the crime of desertion by special duty officers is the most appropriate solution.