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见危不救行为应否入罪,无论在理论界还是在社会中都饱受争议。学者们多是从道德和法律的关系角度来谈论这一问题,但从道德义务和法律义务的关系来看,我们只能得出一方面不能将道德义务肆意入罪,另一方面二者又能相互转化的结论,而见危不救中的救助义务的层次归属,我们似乎并不能进行彻底的廓清。因此,我们有必要从现实角度对其进行考察,也即从见危不救的产生原因、世界范围内的相关立法及其实效等角度分析其入罪的必要性与可行性。综合我国民情以及现代法治精神和刑法本身的谦抑性特点等,我们不难得出在我国当前条件下不宜将见危不救行为入罪的结论。
Whether to refuse to help convicted, whether in theorists or in society are controversial. Scholars mostly talked about this issue from the perspective of the relationship between morality and law. However, from the perspective of the relationship between moral obligation and legal obligation, we can only conclude that on the one hand, we can not convict moral obligation arbitrarily, on the other hand, The conclusion that can be transformed into each other, but at the grading of the rescue obligation in danger, we do not seem to be able to conduct a thorough clearance. Therefore, it is necessary for us to examine it from a realistic point of view, that is, the necessity and feasibility of criminalization from the perspective of the causes of perilous crisis, the relevant legislation in the world and its effectiveness. Based on our own national conditions and the modern spirit of the rule of law and the modest and restraining nature of the criminal law itself, we can easily come to the conclusion that it is not appropriate to criminalize perpetrating criminality under the current conditions in our country.