Study On The Obligation Conflict In Criminal Law

This paper mainly focus on the conflict of duties in criminal law started as the center argues that the full text of the sub-chapters, about 32,000 words.The first chapter from the obligations of the basic concept of conflict, the obligations set out the basic theory of conflict. In this paper, first of all from the general sense of the obligation to start the conflict, through the analysis of criminal law the concept of obligation to the conflict with the general sense of obligation to the conflict in contact with the distinction between criminal law defines the obligations of the connotation of the conflict. Obligations through the legal nature of the conflict in the representation of the views of several assessments, combined with China's actual conditions, the obligations of the conflict in the nature of the act and regulations attributed to super-legitimate reasons. After analyzing the concept of obligation and the nature of the conflict, the better understanding of the legal obligation for the further understanding of the conflict, In accordance with the obligations of different manifestations of the conflict, the obligations of its divided into different types. and then explore the legal obligations of the causes of conflict, and thus the existence of an affirmative obligation of the value of conflict.Chapterâ…¡of the obligation to explore the sources of conflict.On this basis, the obligation to the source of the problem is divided into "was against the sources of obligations" and "fulfill its obligations to be the source of the" two aspects of the obligations of the two major aspects of the source of detailed analysis and to go into.Analysis of the scope of the obligation to be against both study criminal law does not expressly provided as obligations, they can not contact as guilty as the types of obligations to elaborate on, combined with a typical case of moral obligation to be excluded from the obligation of the conflict was against the scope of obligations outside. Fulfill its obligations on the source, through the perspective of three representative's comments, this demonstration was to fulfill the obligations should include the moral obligation.Chapterâ…¢discusses the elements of conflicting obligations and justified basis. Obligation to the conflict will be reduced to acts of elements at the same time burdened by a number of obligations, obligations under a number of mutually exclusive, the emergence of conflict situations may not be attributable to three aspects of the perpetrator.Chapterâ…£through the presentation of the conflict on the obligation to justify acts in accordance with the three representative viewpoint, the conflict will be the obligation of non-criminal offense according to boil down to negates said.Chapterâ…¤analyzes the context of conflicting obligations under the act the right choice. Obligations established under the correct choice of conflict behavior, in addition to the conflict have the obligation to set up the elements, but also need to have two legitimate objective and subjective factors. To enhance its maneuverability, the conflict in the obligations of the legitimate objective of elements, described in detail on the obligations of the conflict to measure the value of the general theory as well as specific criteria for judging. In addition this chapter also demonstrated that the obligations of non-conflict situations to choose the correct behavior. Conflicting obligations under the non-correct choice acts, including acts of wrong choices and do not choose to act. In the summary of the concept of two types of behavior based on the focus from both objective and subjective analysis and use it as the basis for bis conviction sentencing recommendations.