The Basic Characteristics Of Omission

Omission, especially the research of the impurity-nonfeasance ommission, is one of the difficulties in theory of criminal law all through the ages,and it has always been "the most difficult and no satisfactory solution to the problem of that". Law in China in recent years with the gradual deepening of the theoretical study, as well as the export-oriented in-depth study of criminal law, criminal law scholars in China are not as committed to the theoretical study of the progress has been made to obtain a series of results, but not as common theoretical research, there is still a long way. This text analyzes Negative crime in four points, show some important factors clearly about punishing Negative crime, and provide reference for the legislation of Negative crime.This text introduces the theoretical analysis and current situation of legislation of Negative crime in chapter one, there are two main points. Firstly it approaches the connotation of Negative crime, puts individual opinions of Negative crime, explains the definition and way of act of Negative crime; Secondly it puts the definition and classification of Negative crime, it studies about what is Negative crime, how to discriminate Negative crime, action criminal and the classification of Negative crime.The chapter two looks into legal principle of Negative crime. Section one explains the relationship between offense of non-typical omission and doctrine of legally prescribed punishment for a specified crime; Section two analyses the causation of Negative crime, it shows that Negative crime do not have no causation, it is just differences of pattern of manifestation between Negative crime and action criminal.The chapter three is the main point of this text; it explains the condition of Negative crime. The writer puts individual opinions about the corporate requirements of Negative crime: first, actor has to have some legal duty. For the origins of failure to act, it converts from'formally theory'to'substantially theory', At present, it does not have unified opinion for the origins of duty, but'substantially theory'gets the leading role, even if there are many kinds of debates; Second, actor must have the ability to carry out obligations. The law do not force ones hand, if someone can not carry out obligations, the law would not force somebody to do it.; Third, actor did not carry out obligations. If actor has carried out obligations, it is not Negative crime; finally, breach of obligation to action to make inroads has the same value as who uses means of actions, it is the equivalency for omission. In that, it makes a special effort to approach the origins of act duty of offense of non-typical omission and the equal-value of offense of non-typical omission.Discussed in front on the basis of the final chapter of this paper is not as guilty of the legislative proposals put forward their own for reference.