见危不救的法理学思考
发布时间：2018-12-12 01:47
【摘要】：近年来随着见危不救事件，以及救人后反被诬陷讹诈的情况被媒体屡屡的曝光。该类事件逐渐成为人们关注的焦点。人们在对见危不救者进行谴责的同时，也对被讹诈者表示同情。见危不救在反映出我国普遍存在的道德问题的同时，传统的道德文化也正面临着严峻的挑战。继而产生了将见危不救进行法律规制与反对法律规制两种不同的声音，致使现代的法制和传统的道德出现了激烈的碰撞。见危不救问题中涉及到法律与道德之间的关系,其需要结合我国当代的具体情况而定。即使需要通过法律来加固见危不救等一系列道德上的行为,也应惩治与激励双管齐下。 笔者首先从现实事件引入问题的探讨，对见危不救的含义、类型、成因进行描述。从社会、经济、教育、媒体以及见危不救的法律方面对见危不救的问题成因进行分析。通过分析发现，见危不救的出现是基于多重因素产生的。要解决见危不救问题，需要从各方面入手，深入切实地解决问题，化解人们心中的芥蒂，从而提高整个社会的道德水平。笔者所说的见危不救，是限于在未确定是否具有救助义务的行为人，在见到他人处于危急状态下时，，能救助而不予救助的行为。 其次对国外及我国关于见危不救的立法与规定进行分析。发现当代中国不仅不同于国外的一些特有国情，相对于古代立法的背景，当代中国也有很大的不同。我国学者们也对见危不救是否进行法律规制的不同理念进行了讨论。在讨论中发现见危不救的法律规制，尤其在刑事责任方面，意味着在遇见他人危难的时候负有一定的作为义务，假设行为人有能力履行而未履行便构成了犯罪。但见危必救、见义勇为是道德上更高的要求，而非道德底线，是对他人有利的行为。 最后对见危不救法律规制的基础、可行性及其限度进行了探讨。发现见危不救问题本身处在一个尴尬的位置，在社会各界纷纷对其抨击的同时，却难以找到一个切实有效的解决办法。法律对策干预见危不救的范围是有限的，对见危不救者实施惩罚的法律对策是最终不得已才能为之，是最后的底线。同实行保护和奖励救助者以及对救助制度完善的法律对策来比较，在一定程度上可以激励行为人见危施救。也可从注重教育社会实践与媒体宣传方向等方面，进行道德的规范。促使我国见危不救问题得到整体的改善。
[Abstract]:In recent years, the media has repeatedly exposed the situation of not rescuing people and being framed and blackmailed. Such events have gradually become the focus of attention. People, while denouncing those who cannot be saved, sympathize with those who have been blackmailed. At the same time, the traditional moral culture is facing severe challenges. Then there are two kinds of different voices: the legal regulation and the opposition to the legal regulation, which leads to the fierce collision between the modern legal system and the traditional morality. The relationship between law and morality is involved in the problem of not rescuing danger, which needs to be combined with the concrete situation of our country. Even if a series of moral behaviors, such as danger or rescue, need to be strengthened by law, both punishment and encouragement should be taken. The author first introduces the problem from the real events, and describes the meaning, type and cause of formation. From the social, economic, educational, media and the legal aspects of the crisis to save the causes of the problem. Through analysis, it is found that the emergence of danger is based on multiple factors. In order to solve the problem, it is necessary to solve the problem from all aspects, solve the problem in depth and conscientiously, defuse the mustard in people's hearts, and improve the moral level of the whole society. The author says that the act of not saving is limited to the person who is not sure whether or not he has the duty to rescue, but can not save when he sees the other person is in a state of crisis. Secondly, it analyzes the legislation and regulations of seeing danger and not rescuing in foreign countries and our country. It is found that contemporary China is not only different from some special conditions of foreign countries, but also different from the background of ancient legislation. Chinese scholars have also discussed the different ideas of legal regulation or not. In the discussion, it is found that the legal regulation, especially in the aspect of criminal responsibility, means that there is a certain obligation to act when meeting others in distress, assuming that the perpetrator has the ability to perform but fails to perform, which constitutes a crime. But to see danger and save, to act boldly is a higher moral requirement, not a moral bottom line. It is beneficial to others. At last, the basis, feasibility and limitation of legal regulation are discussed. It is found that the problem of not rescuing itself is in an awkward position, but it is difficult to find a practical and effective solution at the same time that people from all walks of life criticize it one after another. The scope of legal intervention is limited, and the legal countermeasures to punish those who do not see danger are the last resort and the final bottom line. Compared with the legal measures to protect and reward the rescuers and perfect the rescue system, the doers can be encouraged to rescue in a certain extent. Can also focus on education and social practice and media publicity, such as the direction of moral norms. Promote our country to see danger do not save the problem to get the overall improvement.
【学位授予单位】：河南大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D920.4
本文编号：2373655
[Abstract]:In recent years, the media has repeatedly exposed the situation of not rescuing people and being framed and blackmailed. Such events have gradually become the focus of attention. People, while denouncing those who cannot be saved, sympathize with those who have been blackmailed. At the same time, the traditional moral culture is facing severe challenges. Then there are two kinds of different voices: the legal regulation and the opposition to the legal regulation, which leads to the fierce collision between the modern legal system and the traditional morality. The relationship between law and morality is involved in the problem of not rescuing danger, which needs to be combined with the concrete situation of our country. Even if a series of moral behaviors, such as danger or rescue, need to be strengthened by law, both punishment and encouragement should be taken. The author first introduces the problem from the real events, and describes the meaning, type and cause of formation. From the social, economic, educational, media and the legal aspects of the crisis to save the causes of the problem. Through analysis, it is found that the emergence of danger is based on multiple factors. In order to solve the problem, it is necessary to solve the problem from all aspects, solve the problem in depth and conscientiously, defuse the mustard in people's hearts, and improve the moral level of the whole society. The author says that the act of not saving is limited to the person who is not sure whether or not he has the duty to rescue, but can not save when he sees the other person is in a state of crisis. Secondly, it analyzes the legislation and regulations of seeing danger and not rescuing in foreign countries and our country. It is found that contemporary China is not only different from some special conditions of foreign countries, but also different from the background of ancient legislation. Chinese scholars have also discussed the different ideas of legal regulation or not. In the discussion, it is found that the legal regulation, especially in the aspect of criminal responsibility, means that there is a certain obligation to act when meeting others in distress, assuming that the perpetrator has the ability to perform but fails to perform, which constitutes a crime. But to see danger and save, to act boldly is a higher moral requirement, not a moral bottom line. It is beneficial to others. At last, the basis, feasibility and limitation of legal regulation are discussed. It is found that the problem of not rescuing itself is in an awkward position, but it is difficult to find a practical and effective solution at the same time that people from all walks of life criticize it one after another. The scope of legal intervention is limited, and the legal countermeasures to punish those who do not see danger are the last resort and the final bottom line. Compared with the legal measures to protect and reward the rescuers and perfect the rescue system, the doers can be encouraged to rescue in a certain extent. Can also focus on education and social practice and media publicity, such as the direction of moral norms. Promote our country to see danger do not save the problem to get the overall improvement.
【学位授予单位】：河南大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D920.4
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