见死不救,法律的可为与不可为——从小悦悦事件说起

Giving No Aid at the Edge of Death: What Law Can Do and Cannot Do——Based on "Xiao Yueyue" Incident

"见死不救"在中国一直都是一个道德问题,法律不介入调整。"小悦悦事件"发生后,惊醒人们从法律的角度去深思:在没有任何危险的情况下,"见死不救"能否立法惩治?法律和道德有联系也有区别,法律无法强制人们行善,但法律可以为道德提供制度保障。见死不救,法律有所不为也有所为。

Giving no aid at the edge of death has been regarded as a moral problem with no intervention from law. ＂Xiao Yueyue＂ incident aroused us consideration and attention from the perspective of law： Can roles be made in law to punish those giving no aid in the case that no dangers are available？ Law and moral are both associated with and diverse from each other. While law cannot regulate the citizens to do kind act, but law can provide regulation guarantee to the moral. There is something that law can do and something that it cannot do.