论我国“见危不救”行为入罪的建构

On the Construction of Incriminating the "Pass by on the Other Side" Behavior

随着我国"见危不救"事件的频发,人们开始争论"见危不救"者是否有救助的义务,如果有是否应当让"见危不救"在刑法上入罪。从法理上看,"见危不救"行为符合罗尔斯关于"公平正义论"的观点,具备在刑法上入罪的法理基础,应该在我国建立"见危不救罪"。在同时符合犯罪主体、犯罪主观方面、犯罪客观方面、犯罪客体等犯罪构成四要件时,应当认定为"见危不救罪","见危不救"者应当受到相应的法律制裁。

With high frequency of ＂pass by on the other side＂ incidents in China, people start to argue about wheth- er those who ＂pass by on the other side＂ have obligations to rescue in need and whether ＂pass by on the other side＂ behavior should be incriminated in Criminal Law if this is tenable. Legally, ＂Pass by on the other side＂ behavior is duly in accordance with Roll＇ s view of fair and just and possesses the legal basis of incrimination, so the accusation of ＂pass by on the other side＂ should be established in China, and it should be recognized as the crime when in keeping with the four constitutive elements of crime simultaneously. Also, those who ＂pass by on the other side＂ should be punished according to law.