见危不救入罪不当的三维探析-法律专业论文.docxVIP

重庆大学硕士学位 重庆大学硕士学位论文 英文摘要 PAGE PAGE VI ABSTRACT Recent years, see danger not to save events have occurred frequently, and the “Yue Yue incident which occurred in 2011 in Guangzhou Foshan has aroused peoples attention, sparked public reflection on the social and moral status and discussion. Many people and scholars put forward the creation of Indifference to Danger sin, with the legal force to save the moral turpitude. But the questions, should the behavior see danger not to save be criminalized, whether to apply the most severe criminal law to penalize it, whether can eliminate this kind of phenomenon from happening again, need to be comprehensive analyzed with the strict and responsible academic attitude. Therefore, this essay will demonstrate and analysis this issue from the three dimensions involved over legal principle, criminal law and judicial practice, pointing out see danger not to save should not be convicted, and further proposes regulatory measures outside the criminal law. This paper is divided into five major sections: The first part gives a definition of see danger not to save, clearing the following argument object. We get the conception through studying the typical definition proposed by other scholars, based on analyzing the main factors of actor range, distress scenario, and subjective attitude one by one. See danger not to save is that, people without specific duties or obligations, clearly aware of other people?s health and safety in the urgent dangerous situation, have the ability to rescue and there is no significant risk of relief on their own and third party, but not to conduct relief. The second part, from the legal point of view, demonstrates see danger not to save can not be moral legalization. Through the rational analysis of moral legalization, we clear the lowest level of morality is the limits to moral legalization, there are both advantages and disadvantages of implementation, and enforce higher morality can hardly promote moral co