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对于母亲和女友遇险先救谁这个问题,华南理工大学法学院院长徐松林认为,人的生命是平等的,在母亲和女友同时处在危难当中,不管选择救谁都不构成犯罪,为此题目中甲为救女友而没救母亲的行为是不构成不作为犯罪的。而北京师范大学刑事法律科学研究院副教授彭新林却提出,甲对他母亲有法律上的救助义务,也有能力救助,但没有救助,所以应该追究刑事责任。本人认为不仅可以从刑法方面进行分析,而且还可以从法哲学角度进行探讨。
For the mother and his girlfriend, the first to save the victims of this problem, Dean of Law School of South China University of Science and Technology Xu Songlin that people’s lives are equal, at the same time in the mother and his girlfriend in distress, no matter who choose to save who does not constitute a crime, The topic of a to save his girlfriend and save his mother’s behavior does not constitute an omission. However, Peng Xinlin, an associate professor at the Institute of Criminal Law Science at Beijing Normal University, proposed that a legal aid obligation to his mother and his ability to help but not to provide assistance should be investigated for criminal responsibility. I think not only from the analysis of criminal law, but also from the perspective of legal philosophy.