Victim's Self-Accountability and Participant's Duty to Rescue in Self-Endangerment Situations
In the case where the participant does not rescue the victim in the self-endangerment behavior,it is necessary to define the nature of the actor's participation in the victim's self-endangerment behavior and the behavior after not rescuing the victim to clarify the overall punishable structure.When the actor's participation behavior does not meet the constitutive requirements of the negligent offense due to the objective reduction of the level of danger and the subjective reasonable reliance on the victim's self-governance risk,it can only be regarded as a previous act that does not meet the conditions for the establishment of the crime of omission.The act of not rescuing becomes the focus of legal norm evaluation.In the case of self-endangerment behavior,the treatment plan of the theory of self-accountability can fairly allocate the freedom and liability between the actor and the victim,which is worth promoting.In this case,the boundary between the victim's self-accountability and the participant's obligation to rescue lies in the establishment of the victim's self-accountability for the outcome in the field of self-organization,which eliminates the basis for the previous act of infringing on others'negative freedom as an obligation to rescue.Therefore,the participant does not bear the obligation to rescue based on the previous act.
Self-endangerment BehaviorPrevious ActSelf-accountabilityObligation to Act
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