关于见危不救的刑法学思考

本文通过对见危不救涵义和表现形式的分析,以及对我国古代社会和国外关于见危不救入刑的考证,新阐述了见危不救的涵义和表现形式.在我国把见危不救纳入刑法的调整范畴,是切实可行的,也是必需的.从道德与法律的关系方面而言,道德需要不断的法律化,而且道德的法律化是因时而变的;从道德形成和发展的角度来看,道德适度入刑有利于不断提高社会整体的道德水平;同时,道德文明和法治文明也要求适度的法律化;另外,从"见危不救"的社会危害性方面来看,它也需要刑法予以调整.

Reflection in Criminal View on the Phenomenon of the Indifference to Danger of Others

The article sets forth the new meaning of the phenomenon of indifference to danger of others and its forms by analysis of the traditional meaning and forms of it. It is necessary and feasible for us to regulate the phenomenon with criminal law. Ethics calls for its constant legalization as for the relationship between ethics and law in accordance with time. In view of shaping and expanding ethics the proper legalization of ethics also is the demands of boosting ceaselessly the ethic level of whole society and of civilization of ethic and law and even of eliminating its harm to the society.