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一边是受难者临危时的苦苦挣扎,一边却是路人无动于衷的袖手旁观。近日小悦悦事件激发了人们对“见死不救”的思考。学界关于见死不救现象也颇有争议:到底仅仅是道德层面上的问题还是需要用最严厉的刑法加以规制?犯罪化与非犯罪化一直是刑事立法中无可避免的趋向,本文就见死不救的犯罪化问题进行论述,旨在对见死不救入罪到底有无合理性和可行性表达明确的态度。
On the one hand, while the victims struggled, they were indifferent to the passers-by. Recently, a small Yue Yue incident has inspired people to “refuse to save” thinking. It is also controversial in academia about the phenomenon of seeing one’s life on one’s deathbed: In the end, is it only the question of morality that needs to be regulated by the most severe criminal law? Criminalization and decriminalization have always been the unavoidable trends in criminal legislation. See you later The cruelties of criminalization are discussed, with a view to expressing a clear attitude on whether there is any justification or feasibility of finding a cure for the dead or not.