Negative Common Crime Research

As an issue on the relationship between the nonfeasance and complicity, it is always controversial field, for its theory relating to complicity and negative crime, which are very complex. The writer named this complicity as "negative complicity". Taking the nature of the negative crime—obligation as the starting point, this article stressed the complicity construction contributed by nonfeasance, and put emphasis on the following the key point of whether negative accomplice being established is decided by the determination of crime intent liaison and conduct liaison. Also, as "passive "character of criminal omission the determining of negative complicity crime intent and conduct liaison are quite different from of commission, and when illustrating the complicity contributed by nonfeasance, which is caused by the breach of one's previous conduct obligation. Another question is arisen: the nature of excessive perpetrator in complicity defined as conduct obligation caused by breach of previous conduct contributed criminal omission and conduct contributing complicity in general survey. Explicitly bringing out that other complicities bear no criminal liability for their excessive perpetration is a limited conclusion in the perspective of crime. If some specific requirements are met, other complicity should bear the liability for their excessive perpetration, and their nonfeasance can contribute complicity with their excessive perpetration. Additionally, the article sets forth the corresponding view on the determination level of accomplished and unaccomplished offenses, and principle and accessory criminal in negative complicity, and comes up with constructive opinion on the criminal omission and negative complicity from the legislation level.