The Offense Of Duty Research

German criminal law was the first to put forward the theory of obligation committed.Initially only Professor Roxin work hard on this theory, but now generally it was accepted by all the German criminal law field. The theory of obligation committed uses its own unique theory of the principal offender to break the original naturalist and teleologism. It is a subversion of the generally accepted point of view that the nature of the criminal is the infringement of legal interests, which changing our traditional understanding. German experts putted the theory of obligations committed in1963and Taiwan introduced the concept of obligation committed five years later,the concept of obligation committed by the Taiwan region of China in1994, by the contrary, this issue drew little concern in mainland. However, as an emerging concept, the theory of obligation crime enjoy strong vitality.It’s beneficial for us to learn from this theory.Besides the forword and concluding remarks,this passage is divided into five parts:Part one is about the general review of obiligation crime,the origin of obligation crime is included. A basic interpretation of obligation crime could be achieved through the principal offender.Besides, the discussion of certain obiligations that is decisive in judging obligation crime could also be introducted in this section.Part two concerns the research on the theory of obiligation crime. Start with the detail explaination on the principle of principal offers connected to obligation theory,along with the comparsion among obligation,direct and indirect principal offenders, we can reach the conclusion that the breach of exclsive obligation doesn’t mean an offical principal offer, so that the theory of accomplice is incorret.Part three focuses on the anlysis of the relation between obligaiton crime and similar ones. The comparison with omission crime comes first. The principal offenders criteria is the top issue to be resolved for us, However,this couldn’t be achieved without a clear classification between others.Thus, this part directs in the cross study among obligation crime,omission crime and dominated crime to explain the behavior of obligation crime, including the refute to opponent.The analysis of relation between obligation with status crime is under similar way, and we may simplify the process.Part4is about Justification in accordance with offense of duty. Theory came from practice and will work for practice. The offense of duty doesn’t mean it is total different from our traditional criminal law theory. This part explain by few exmaples that, we have foundation to convict and punish the offender.Chapter5is about the situation and future of offense of duty in our country. By explaining our criminal law, we can discuss die possbility, if the offense of duty can go futhur in china or not.