“见危不救”犯罪化的层次分析

Analysis on Administrative Levels of Criminalizing Those who Fail to Rescue

社会对见危不救行为是否定的。对其价值判断的这种一致性,使得对其犯罪化不只是可能,而且是必要的。对见危不救行为动用刑罚加以调整,使人们自愿承担救人于危难间的义务,以促进社会的整体利益。我国刑法中应增加“见危不救罪”,但要有严格的范围限制。

The social attitude towards failure to rescue is negative, which makes it possible but also essential to criminalize the act. The act of failure to rescue is to be regulated by criminal penalty, compelling people to volunteer commitment of rescuing those in vital danger for the whole welfare of society. The article holds the crime of failure to rescue should be added, but strictly restricted.