Research On The Crime Of Misprisions

In this thesis, the author firstly discusses the concept of the crime of misprision, the history of legislation and cases of the legislation in some countries (regions). On the basis of the three elements theory of criminal law, it is discussed of the objective elements, the subject elements and the subjective element for establishment of the crime of misprision. In author's opinion, the crime of misprision is offense of non-typical omission in case of the way of activity. And it has special characteristics for its non-material harm and judgment of causality. In the subjective element, the author believes that the crime of misprision not only for the sin of subjective mistakes also for the indirect intent sometimes.In the end of the thesis, the legislative limitations of the crime of misprision are mentioned in aspect of its application of justice. And suggestions for legislation improvement of the crime of misprision, including legislation madding up of several items, clearly expression of criminal facts, addition of penal sum punishment and qualification punishment and enlarge range of punishment.