Reflections on “Not Rescuing People in Danger” From the Perspective of Criminal Law Legislation

Bing ZOU, Zhen ZENG

Abstract


It basically falls into the category of criminal law legislation to discuss whether it is feasible to make it a crime not to rescue people in danger in the criminal law. In terms of the complexity of its concept and connotation, this issue should be differentiated in legislation. Since the definition of this crime is out of line with the social moral basis popular in China, it is difficult to find support for it from the standard for social damage in the theories on the criminal law and criminal omission, hence leading to imperfect penalty effects and a series of difficulties in judicial operation. As a result, in the current social conditions, the general subject’s inaction cannot be criminalized at the moment.

Keywords


Criminal law legislation, Not rescuing people in danger, Omission

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References


Chen, X. L. (2012). General introduction of the application of criminal law. The Law Press.

Durkheim. (1996). Suicide. Hangzhou Press.

Fan, H. F. (2014). Replacing the criminalization of not rescuing people in danger with encouraging brave rescuing acts and shifting thought patterns for judgment. Law and Society, July.

Fan, Z. X. (1997). Legal treatment for citizens’ indifference, negligent liability and timidity. China Legal Science. (4).

Feng, J. (2000). Criminal law of germany. China University of Political Science and Law.

Gao, M. X., & Ma, K. C. (2014). Science of criminal law. higher education press. Beijing University Press.

Li, H. (2014). Science of criminal law. The Law Press.

Li, J. P.. (2010). Interpretation of legal philosophy on the criminalization of not rescuing people in danger. Hebei Legal Science. (3)

Ruan, X. Y. (2012, April). A research on the feasibility of the crime of not rescuing people in danger. Thesis for Master’s Degree of East China University of Political Science and Law.

Wang, H. Z. (2003). On the criminalization of not rescuing people in danger. Qinghai Social Science. (5).

Xie, Y. W., & Ji, L. H. (2009). A research on the possibility of criminalizing not rescuing people in danger. Journal of Henan Administrative Institute of Politics and Laws. (2).

Ye, H. J. (2013). Research on the criminal law issue of not rescuing people in danger. Legal Publishing House.

Zhang, M. K. (2011). Identification of mutual crimes. Law Science Studies, (3).

Zhang, M. K. (2011). Science of criminal law. The Law Press.

Zhou, G. Q. (2013). New expressions of some criminal law issues. China Legal Publishing house.




DOI: http://dx.doi.org/10.3968/6550

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