The Criminal Responsibility of the Necessary Assistance of Non Self-Help Persons Arising from International Law.

• Main Authors: Ken, Kuang-Yi, 耿廣義
• Other Authors: 陳荔彤
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/t662w5

碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 105 === "Human rights" is focuses of modern international law, and its pursuit is a universal recognition of the value system, focusing on human life and dignity; and international law called human rights, refers to the right of all people Freedom, equality and respect for dignity to construct the fundamental rights of life itself. Among them, the "right of subsistence" is the most basic rights, which is a social right to human rights, in order to protect individuals in the social life to maintain a minimum level of living standards.There are many declarations in the Convention on human rights protection in the context of the basic human rights protection of this issue concerning universal values. What is the specific content of the conventions and manifestations? Especially after the two conventions have been approved by the President, its enforcement law has been passed and promulgated and enacted. It must be interpreted and examined as to the relevant legislation in our country. Can the future of China's law as a mirror? And whether it is possible to incorporate the relevant norms that have been universally accepted by the international community into my legal proceedings through the judgments of the judiciary before the amendment is carried out so that my domestic law can be brought into line with the universally recognized human rights trend? This paper hopes to summarize the academic and practical advice, at the same time with reference to foreign legislation, to further explore, expect to provide different ways of thinking to help solve the problem.At present the community often heard the news of the defendant but the defendant! So when their own rights and interests of others in the conflict, we can require everyone to uphold the concept of human rights to help hand? Do you have any legal responsibility if you do not lend a helping hand, or if you have a helping hand? And what responsibility does that bear?If only the moral concept of people, when their rights and other people's right to conflict, it is difficult to require people to human rights priority, so that can not fully achieve the purpose of safeguarding the rights and interests, so this issue is necessary to explore.The scope of this study is based on the principle of human rights, and from the framework of the right of subsistence of basic human dignity in the two conventions, from the relevant norms in international human rights law, the relevant norms of the country and the relevant laws and regulations of each country, The relevant international human rights law and the core values of the relevant international human rights law norms, as well as China's relevant legal system and its practice of the situation of the discussion, analysis, and at the same time collate the decision of the relevant court of the Court of Final Appeal , The academic point of view and the practical community of view, to analyze, to explore whether it is sufficient for our country to repair the law to be used as a mirror? Finally, I would like to make relevant suggestions for reference and practice.