从“广东小悦悦事件”看“见死不救”行为的罪与非罪

Looking the crime of “do nothing” Behavior from the “small Yue Yue incidence in Guangdong ”

我国现行刑法典中并没有规定"见死不救罪",见死不救行为在我国一直以来也仅认为是道德范畴的概念。但是,面对屡屡发生的因见死不救行为而导致的死亡或重伤案例,我们有必要重新审视这种行为的性质,甚至考虑将有特定救助责任或义务的见死不救行为规定为犯罪。然而,我们并不希望将见死不救行为全面犯罪化,对于无特定救助责任或义务的行为不宜认定为犯罪。

China's current Criminal Code does not require 'neglecting crime'. Neglecting the behavior in our country has also only considered the concept of morality. However, facing the death or serious injury case caused frequently by neglecting. we need to re-examine the nature of such acts, or even consider neglecting behavior as criminal acts for specific rescue of duty or obligation. However, we do not want to conduct a comprehensive crime for neglecting behavior, and the actions of no specific responsibilities or obligations should not be recognized as a crime.