见危不救行为的法社会学分析
发布时间：2018-09-05 21:19
【摘要】：见危不救行为在当今社会中已经不是新闻,随着“小悦悦事件“四川崇州溺水案”等一系列的见危不救现象的发生以及对社会影响的后续效应不断扩大,引发了上到社会精英下到普罗大众的广泛讨论和深思。见危不救这一原本只属于道德约束的社会行为,由于当代国民社会素质的不堪导致了规制该行为的控制手段逐步趋向于法律控制等强制性措施,同时见危不救行为又具有极大的社会危害性,所以有众多学者便提山了以刑法角度作为切入点对其做了深入研究,但在众多的观点和意见中却鲜有揭示出见危不救行为的法理依据和社会根源。 见危不救现象古今中外都大量存在,规制手段也不少,可是能够起到立竿见影的效果同时又兼顾人权的法律便屈指可数了。英美法系中的“坏撒玛利亚人法”便是其中之一,它成功的做到了两种因素的结合。正所谓“它山之石,可以攻玉”我国适当的借鉴该法律,有助于本国的立法。见危不救反映的是人性的冷漠、是道德与法律之间的矛盾与平衡,从法律社会学的角度去看待此现象更能够理解行为的本质以及对社会的影响。 见危不救现象的频发,其主要原因是既有“各人自扫门前雪”传统思想影响和“熟人社会”向“陌生人社会”结构转变的社会根源,又有见危不救的成本收益分析的经济根源,以及规制见危不救行为的法律缺失和社会评价机制不完善的制度根源等。为此,遏制此类现象的发生必须从法律、道德、舆论及纪律控制等一系列的社会控制手段入手,加强社会监管和社会教育,做到从源头上规避见危不救行为同时促进见义勇为等道德行为的效果。
[Abstract]:The behavior of seeing danger or not saving is no longer news in the society today. With the occurrence of a series of phenomena, such as the "Xiao Yue Yue incident" and the drowning case in Chongzhou, Sichuan Province, and the subsequent effects on the society, Has caused the social elite to the general public the widespread discussion and the ponder. Because the social quality of contemporary people is not good enough, the control means of regulating this behavior gradually tend to the compulsory measures such as legal control, etc. At the same time, the behavior of not saving from danger has great social harmfulness, so many scholars have made a deep research on it from the angle of criminal law. However, in many views and opinions, there are few to reveal the legal basis and social root of the behavior of failure to rescue. There are a lot of regulations and regulations at all times and all over the world, but there are only a few laws that can have immediate effect and take human rights into account. The bad Samaritan law in Anglo-American law system is one of them. So-called "the stone of other mountains, can attack jade" our country draws lessons from this law appropriately, helps our country's legislation. It reflects the apathy of human nature and the contradiction and balance between morality and law. It is better to understand the nature of behavior and its influence on society from the angle of legal sociology. The main reasons for the frequent occurrence of the phenomenon of "seeing danger and not saving" are the influence of the traditional thought of "everyone sweeping the snow in front of the door" and the transformation of the structure from "acquaintance society" to "stranger society", as well as the economic root of cost-benefit analysis. And the lack of law to regulate the behavior of no rescue and the institutional root of the imperfect social evaluation mechanism, etc. Therefore, to curb the occurrence of such phenomena, we must start with a series of social control means, such as law, morality, public opinion and disciplinary control, and strengthen social supervision and social education. At the same time, we can avoid the behavior of seeing danger and not saving from the source, and promote the effect of moral behavior such as courage of righteousness and so on.
【学位授予单位】：湖南师范大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D90-052
本文编号：2225493
[Abstract]:The behavior of seeing danger or not saving is no longer news in the society today. With the occurrence of a series of phenomena, such as the "Xiao Yue Yue incident" and the drowning case in Chongzhou, Sichuan Province, and the subsequent effects on the society, Has caused the social elite to the general public the widespread discussion and the ponder. Because the social quality of contemporary people is not good enough, the control means of regulating this behavior gradually tend to the compulsory measures such as legal control, etc. At the same time, the behavior of not saving from danger has great social harmfulness, so many scholars have made a deep research on it from the angle of criminal law. However, in many views and opinions, there are few to reveal the legal basis and social root of the behavior of failure to rescue. There are a lot of regulations and regulations at all times and all over the world, but there are only a few laws that can have immediate effect and take human rights into account. The bad Samaritan law in Anglo-American law system is one of them. So-called "the stone of other mountains, can attack jade" our country draws lessons from this law appropriately, helps our country's legislation. It reflects the apathy of human nature and the contradiction and balance between morality and law. It is better to understand the nature of behavior and its influence on society from the angle of legal sociology. The main reasons for the frequent occurrence of the phenomenon of "seeing danger and not saving" are the influence of the traditional thought of "everyone sweeping the snow in front of the door" and the transformation of the structure from "acquaintance society" to "stranger society", as well as the economic root of cost-benefit analysis. And the lack of law to regulate the behavior of no rescue and the institutional root of the imperfect social evaluation mechanism, etc. Therefore, to curb the occurrence of such phenomena, we must start with a series of social control means, such as law, morality, public opinion and disciplinary control, and strengthen social supervision and social education. At the same time, we can avoid the behavior of seeing danger and not saving from the source, and promote the effect of moral behavior such as courage of righteousness and so on.
【学位授予单位】：湖南师范大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D90-052
【参考文献】
相关期刊论文 前5条
1 池应华;“见死不救”行为的事实认定与法律评价——社会心理学关于亲社会行为理论的启示[J];法商研究;2005年06期
2 李学同;论不作为犯罪的特定义务[J];法学评论;1991年04期
3 柴新月;;浅论道德义务能够作为不作为犯的特定义务来源[J];法制与社会;2009年06期
4 张琦;;道德与刑法有限性的关系——也谈见危不救应否成罪[J];河南公安高等专科学校学报;2006年04期
5 胡云飞,张金龙;增设见危不救罪的几点思考[J];求是学刊;1991年05期
，本文编号：2225493
本文链接：https://www.wllwen.com/falvlunwen/fashilw/2225493.html
