“见危不救”是否应该入刑一直以来都是刑法学界广有争议的一个问题,尤其是小悦悦事件的发生,法学界对该问题的讨论更进入白热化阶段。本文从国内立法实践和国外立法现状来阐述“见危不救罪”入刑有相应立法经验可借鉴,从公共精神的缺失、社会转型时期的“道德滑坡”、奖惩机制的不合理论证了“见危不救”入罪在新时期有其存在的土壤,进而论证了“见危不救”入罪的合理性。 “At stake ” Whether to enter the sentence has always been a widely controversial issue in the criminal law scholarship, especially the occurrence of a small Yue Yue incident, the legal profession on the issue of discussion has entered a white-hot stage. This article from the domestic legislation practice and the status quo of foreign legislation to elaborate “crime at stake” into the relevant legislation experience can be drawn from the punishment, from the lack of public spirits, “moral decline ” during the period of social transformation It is reasonable argued that the crime of “seeing one’s life in danger” does have its own existence in the new era, and then proves the rationality of “turning a blind eye to danger” into the crime.