Not As A Crime Study

This article, divided into three episodes, is the description of nonfeasance. The main content includes the descripion of the concept of nonfeasance and its assortment, also includes the probability, the equality and the causality of the act and fulfillment duty of impurity nonfeasance. On the question of equivalence, author thinks that the equivalence cannot be recognized as the independent buildup part of impurity nonfeasance; on the contrary, we should use it as "duty" to judge. This article confirms the causality of nonfeasance, and points out its specialty: the association with duty and the causality with compromise connection is indirect. Because our Criminal Law regulates that the impurity nonfeasance should not depend on the result of harm, impurity nonfeasance is not the result of crime, so the causality cannot be the main part of impurity nonfeasnce. This article points out that nonfeasance violates the criterion of Crimal Law, so does the act of not fulfilling duty of impurity nonfeasance which violates the criterion of injunctive, so the conclusion is that the punishment for the impurity nonfeasance does not breach the principle of Crime Judging Law. But in Crime Law, the core concept of judge standard of equivalence and that of act duty of impurity nonfeasance is not definitude, so the author is the opinion that the punishment of impurity nonfeasance violates the principle of Judging Law.