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近年来新闻惊现街头老人跌倒无人救等见危不助事件,如斯漠视行为导致他人生命健康受到侵害的案件愈发受到人们关注。虽见危不助犯罪化在欧洲大陆国家如法国、德国、意大利等已是不予争论的事实,于我国仍是一个值得商榷的问题。本文欲从见危不助之不作为行为和损害结果间不具必要因果关系角度及见危不助入刑规制不合刑法之“谦抑性”原则方面分析,论证见危救助行为属于较高层次之道德义务,将其犯罪化混淆了道德和法律的界限。
In recent years, news that the elderly on the streets have fallen unconscious and fall into danger do not help incidents. Therefore, people are paying more and more attention to cases of neglect of their behavior that have led to the lives and health of others being violated. Although criminality can not help but endanger criminality in continental European countries such as France, Germany, Italy, etc. is not to be debated, it is still a debatable issue in our country. This article tries to analyze and prove that the crisis-relief behavior is higher in view of the causal relationship between the failure to act and the damage result, and the principle of “modest and restrained” The moral obligation at the level confused the limits of morality and law with its criminalization.