Research On The Causal Relationship Of The Nonfeasance Crime

As a causal relationship between the nonfeasance and the harmful results which caused by the nonfeasance, it has always been a hot issue in the dispute of the causal relationship research of the criminal law. Generally, the nonfeasance is refers to the harmful behavior that the people who do not act a particular act which we called the legal obligation he can do. The nonfeasance crime is also a crime which acts by a nonfeasance manner, external performance for a negative nonfeasance on the dangerous consequences that may result from intentional or ignored. At the same time, the nonfeasance crime can be divided into pure nonfeasance crime and impure nonfeasance crime. Generally accepted that a crime which the criminal law provisions clearly defined constituted by nonfeasance, the perpetrator is actually implement it by nonfeasance, and thus constitutes a crime is a pure nonfeasance crime, some scholars call it a real nonfeasance crime. If a crime that the provisions of criminal law clearly defined constituted by feasance, and the perpetrator is actually implement it by nonfeasance, and the statutory objective at the same time result in real harm occurred or the results of the specific risk of the emergence of the statutory and therefore constitute a crime, is impure nonfeasance crime, also known as non-genuine nonfeasance crime.Criminal causal relationship is not the inevitable condition that make the perpetrator to undertake, but it is the objective basis for the perpetrator to undertake the criminal responsibility, for the causal relationship of the nonfeasance crime, it's also the objective basis for the perpetrator to undertake the criminal responsibility, and therefore the cognition of the causal relationship of the nonfeasance crime has important practical significance in the investigation of the nonfeasance crime. There had been a long time debate in the history about the nonfeasance crime of the nonfeasance crime's behavioral, obligations which according to and the causal relationship, and today still cannot conclude that convincing definitive conclusions. This paper attempts the following sections of the causal relationship of the nonfeasance crime problem for a study. The first part, the author divided the relevant theories of the causal relationship of the nonfeasance crime into two parts of foreign and domestic and summarized in detail, from the theories for the in-depth study and grasp the causal relationship of the nonfeasance crime to do plenty of preparation. For the foreign theories of causal relationship of the nonfeasance crime, according to the nonfeasance crime causal relationship is recognized or not, were divided into positive and negative, among the two factions, the positive theory is divided into different methods based on proof of causation, including He did behavior theory, First behavior theory, Interference theory, Violation of doctrine, Prevent possibility doctrine, Use of the other, surety theory and etc. domestic relevant theory of nonfeasance crime causal relationship is also divided into positive and negative. Among the two, the positive theories are divided into three theories according to the different explain on reason force of the nonfeasance crime causal relationship, including Violation of doctrine, Prevent possibility doctrine, Turning point theory and etc; the negative theories are divided into theories depending on the argument that the reason for the difference of the nonfeasance crime causal relationship, that is also divided into fiction and condition that the two theories.The second part, the author discusses difference of the nonfeasance crime causal relationship and feasance crime causal relationship in detail. The nonfeasance crime causal relationship and feasance crime causal relationship have the same characteristics so as sequence, diversity and the objective existence etc, but at the same time, they also have their own particularity in Reason, cause force, internal structure and so on.The third part, the author analysis and discussion the nonfeasance crime causal relationship from the principle level, and discusses the acknowledgment and judgment about the nonfeasance crime causal relationship. The causation principle and prevent destructive principle of the nonfeasance crime causal relationship has been recognized by most scholars, and analysis of the principles of the nonfeasance. crime causal relationship contribute to the understanding and the reality of specifically identified. For the reorganization of the nonfeasance crime causal relationship, the author thinks that we should differentiate between pure nonfeasance crime causal relationship and impure nonfeasance crime causal relationship, the former should adopt Violation of doctrine and Prevent possibility doctrine; and the latter should adopt Interference theory and Prevent possibility doctrine.The fourth part, from the discussions of the above three parts of the nonfeasance crime causal relationship, combine with the most controversial acts of nonfeasance in the reality——do nothing to save someone from danger, and the specific analysis to distinguish between different types of their respective nonfeasance causal relationship, if the nonfeasance causal relationship exists between the acts and the harm result, it will constitute impure nonfeasance crime, and the actor who don't conduct the assistance should be responsible for the criminal responsibility; otherwise, he should not be investigated for the criminal responsibility.