Year: 2025
Type: article
Abstract: There are many debates about whether the rescue obligation should be codified in Chinese criminal law. This paper analyzes why rescue duties are enshrined in German criminal law but not in Chinese criminal law, using case studies and comparative analysis. The key legislative differences between the two countries are explored, focusing on the moral, legal, and societal implications of these obligations. The paper also examines the potential impact of introducing rescue obligations into Chinese criminal law, considering the cultural, legal, and practical challenges involved. Ultimately, the study concludes that while criminalizing the failure to rescue could improve social ethics and public safety, China’s unique legal and social context requires careful consideration before adopting such a provision. The paper suggests that encouraging positive behavior through incentives, rather than punitive measures, may provide a more feasible approach within the current Chinese legal framework. The main research methods used in this paper are comparative research, case analysis, and normative analysis.
Author: Dachuan Lv
Institution: East China University of Political Science and Law
Language: English
Topic: Criminal Law and Policy
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4409549657