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继去年“小悦悦”事件之后,“见危不救”再次成为人们关注的焦点,不少学者建议将其入刑。但根据刑事立法的谦抑性原则,考虑到刑法的有效性、可替代性、最后性等因素,当前尚不宜将“见危不救”入刑;不过随着社会的发展,将来是有可能将其入刑的。谦抑性是贯穿刑法整个过程不得不考虑的要素,在当前中国只有不断强调它,才能更好地尊重和保护公民自由权利,建立健全刑事法治。
Following last year’s “Little Yue” incident, “Peril does not help ” once again become the focus of attention, many scholars suggested that it will be sentenced to imprisonment. However, according to the principle of moderation and restraint of criminal legislation, considering the validity, substitutability and final nature of criminal law, it is not advisable to put the sentence of “danger” into the penalty at present. However, with the development of society, the future will be It is possible to put it into prison. Modesty and conciseness are the elements that must be considered throughout the entire process of criminal law. Only by constantly emphasizing it can China better respect and protect civil liberties and establish and improve criminal law.