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在当今社会,“见危不救”仅仅是伦理道德问题,还是应列入刑法,已经成为中外学者讨论的焦点。通过全文的分析论证,笔者将从分析国内外对见危不救罪如何设定的基础上,尝试从伦理学角度分析单纯的见危不救行为若由刑法调整需要具备的要件和可能对社会造成的影响,进而对于这一类的道德责任入刑,提出谨慎、缓行之建议。
In today ’s society, “Peril or not ” is only an ethical issue, or should be included in the criminal law, has become the focus of discussion of Chinese and foreign scholars. Through the analysis and demonstration of the full text, based on the analysis of how to set the crime of not being saved at home and abroad, the author attempts to analyze from the perspective of ethics the simple elements that can not be rescued if necessary and necessary for the adjustment of criminal law, The impact of this, and then for this category of moral responsibility into the sentence, put forward cautious, slow implementation of the proposal.