摘要
见危不救应否入罪不是一个单纯的刑事立法技术问题,它必须考虑到社会整体的道德状况。古代中国私德发达而社会公德缺失,彼时的见危不救罪因忽视个人权利实不足取;当代中国虽然私德与社会公德错位,但区分保护私人权利与公共利益的意识已经勃兴,这为见危不救入罪奠定了伦理基础。
Whether we should criminalize the act of not helping endangered people or not is not a single issue of criminal legislative technique. The whole social ethnics should be taken into consideration. There was deueloped personal morality and inadequate public morality in ancient China. The crime of ＂not helping endangered people＂ written in the ancient Chinese penal law at a time when people emphasized personal morality should not be used because of its lack of care for personal fights. Although personal morality and public morality are dislocated in the modern society, the surging awareness of protecting personal fights and public interests has laid the ethnical foundation for criminalizing the act of not helping endangered people.
关键词
见危不救
私德
公德
伦理基础
not helping endangered people
personal morality
public morality
ethnical basis
