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Serious Moral Responsibility Should be the Source of the Omission Obligation in Criminal Cases

Author: HuangShang
Tutor: WangJinLan
School: Anhui University
Course: Legal
Keywords: Omission Crime Significant moral obligation
CLC: D924.1
Type: Master's thesis
Year: 2010
Downloads: 237
Quote: 0
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Abstract

Should become the major moral obligation as an obligation not as a source of crime. But it should be limited and should not be indiscriminate all moral obligations were up to legal obligations. Significant moral obligation has strict personal property, to fulfill the need for a strong performance characteristics such as the public expect. There are certain conditions of Indifference to Danger behavior can be handled as a crime. For those of existing capabilities in helping others, would not cause any damage to their own interests Danger (death) does not save behavior, it can be defined as criminal. But allow actors seen on the \Relief actions should also be taken with common sense, can effectively block the dangerous occurrence approach. I believe that not all of the \Only the kind of serious danger to human life, health and moral emotions in people of normal evaluation, considered to be significant rights have been infringed upon, the formation of the \Such as the right to life and health, the right to the inviolability of women's sexuality. How to determine Indifference to Danger (help) persons responsible for the problem, has been a major moral obligation to incriminate the biggest problem. The author's preliminary view that in the case of a person who knowingly obligation shall adopt the most efficient salvor's point of view. That is, in the circumstances only obligor to fulfill their obligations, be possible to give relative to the most effective help, or relative who can give the most effective relief of talent is truly responsible. Determine the most efficient salvor may consider the following aspects: First, from the point of view on the space environment, obligations and whether the person has a relatively unique spatial correspondence. That is, when the conditions, in addition to the relative and obligations, there is no other possible bailout acts. Secondly, from the relationship between the relative and the obligor of view, the two sides because of some facts, behavior arising from mutual (help) rescue obligations. Again, should also consider the obligor's ability to rescue and relief conditions problem. Rescue capabilities, salvage the best conditions, who are of course the obligor. I believe that, in determining the most efficient salvor, this three can merge test can also be used alone. As long as a person has one of the above three points, we can initially identified as the most effective salvor. Of course, I believe that in some cases, the most effective rescue people may be more than one person. Limited to failure to report acts of incrimination. Content for failure to report crimes limited to: violence, intentional injury causing serious injury or death, robbery, arson, explosion, poisoning, murder, rape, kidnapping and other serious endanger public safety, personal safety, crime and violence against the State Safety crime. For ordinary criminal offenses such as by offering a reward to encourage people with common methods to solve the case, while the number of serious criminal offenses they should impose effective measures to ensure that people consciously cooperate with public security authorities arrested the suspect. The economic incentives and criminal penalties combined in order to help combat crime. Significant moral obligation criminal accountable conditions can be defined as: 1. Obligor subjective knowing, 2, as well as the urgency of dangerous rescue necessity 3, obligations possibility of four people to fulfill their obligations, the main responsibility of the exclusive five, outstanding Significant acts of moral obligation causing serious consequences 6, and harm as a result of not having a causal relationship between. Danger will not save (help), failure to report, the obligations arising from specific identity relationships, parents or other guardians of minors to prevent harm to others such as moral obligation, limited legalization not only has practical necessity and feasibility, and can effectively enhance the overall national ethical standards, improved social status of moral decline.

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