On The Crime Of Non - Action

On the omission of crime research, our country starts late, the research results mainlyconcentrated in the last century ninety’s, the theorists are also very few specialized scholars onthe criminal omission was careful and thorough research. Not as a crime in most theories, thepresent theory is unable to agree on which is right public opinions are divergent.,, can notform consistent views and understanding. In judicial practice, with more and more as a caseand the emergence of a large number as a phenomenon not enter the field of vision of people,people in what is the omission, which not only as a behavior not constitute a crime as a senseof the crimes question more and more, also more and more in-depth discussion. But becausethe relevant theoretical study is not mature, not as a crime legislation is scarce, the currentjudicial practice guidance is very limited, so in the judicial practice, judges as the case is notonly their own do not as a crime of basic knowledge and social mainstream value as theevaluation basis, resulting in many similar cases there are differences in judgment orantithesis, which seriously affects the public credibility of the judiciary and legal authority,also bring about some social unstable factors. This paper is divided into five parts. First partof introduction and analysis of the crime concept, characteristic and composition. And fromthe social reality of moral obligation, will be excluded from the obligation not to act, and actto fulfill the obligation of the actual ability to incorporate it as a crime concept. The secondpart of the domestic and foreign not as a crime of basic types. Through the analysis of varioustheories, reference, not as a crime that will be divided into pure nonfeasance crime andoffense of nontypical omission is reasonable. The third part discusses the duty of thenon-action crime origin. I agree with Professor Chen Xingliang on the crime of four sourcesof obligation. Sources said that four can more comprehensive overview of current on thecrime of all kinds of obligations, and not from social practice. The fourth part is not as crimelegislation perfect undertook some rough ideas. And from the social practice, recommendedthe additional crimes and crimes such as the crime of fail to report the facts from ruin, andhope in the general principles of criminal law and crime in the specific provisions on issuesrelated to the legislation. The fifth part is the introduction of the two case undertook briefanalysis.