Reflections on “Not Rescuing People in Danger” From the Perspective of Criminal Law Legislation

Abstract

It basically falls into the category of criminal law legislation to discuss whether it is feasible to make it a crime not to rescue people in danger in the criminal law. In terms of the complexity of its concept and connotation, this issue should be differentiated in legislation. Since the definition of this crime is out of line with the social moral basis popular in China, it is difficult to find support for it from the standard for social damage in the theories on the criminal law and criminal omission, hence leading to imperfect penalty effects and a series of difficulties in judicial operation. As a result, in the current social conditions, the general subject’s inaction cannot be criminalized at the moment.