"见死不救"的刑事责任分析

对"见死不救"的刑事责任问题,应从"见死不救"者所负的义务,"见死不救"与被害人死亡之间的因果关系两方面来确定."见死不救"者如果负有法律、职务或业务上的义务,以及先行行为所产生的义务或由于受害人的求助并产生的信赖与期待,为维护社会内在秩序而形成的义务,当为而不为,应负刑事责任.但由于在不同情况下,不作为与危害后果之间因果联系的差异性,应分别以杀人罪或不救助罪处罚.

Analysis of Criminal Responsibilities of Seeing Someone in Mortal Danger without Saving Him

The criminal responsibilities of seeing someone in mortal danger without rescue would be ascertained from two aspects: the obligations of people seeing someone in mortal danger without saving him, causalities between the failure to act and the victim's death. If people seeing someone in mortal danger without saving him have obligations with law, job or vocational and obligation resulting from before behaviors or reliance and expect from victim's seeking help, the formed obligations for upholding the social inherent orders. But without doing, people bear criminal responsibilities. Owing to the causality difference between failure to act and the extent of injury in the different circumstance, we convict them of a murder crime or a no-saving crime.