The Conflict Of Obligations In Criminal Law

This paper mainly focus on the conflict of obligations in criminal law started as thecenter argues and is divided into five chapters, about30,000words.The first chapter is an overview of conflicting obligations. In this chapter, theauthor explores the definition of conflict of obligations and duties of the position incriminal law conflict. In the definition of conflict of obligations, Analysis of theobligations of the author focuses on the nature of the conflict, characterize it as an act,rather than a situation. In the part of Obligation status of the conflict in the CriminalLaw, while theoretical results from abroad, the author explores conflict of obligationsmade in the status of the criminal law of the local in the context of criminal. The authorclaims that the conflict of obligations is super legitimate ground rules in ZhangMingKaiprofessor’s two elements of a crime system of foundation, to further explore below thefoundation.The second chapter is obligation according to the legitimacy of conflict. In thischapter, the author describes the purpose of criminal law and criminal law functions.And then were discussed in different cases, negates the obligation of the illegal natureof the conflict Purpose conflict negates the responsibility and obligations ofco-functional, came to the conclusion obligation to protect the legal interests conflictnegates the law of the time, interest in the law can not be measured or are difficult tomeasure the value of the inappropriate choice negates the responsibility of theconclusions. The author also retained the previous chapter gives answers to questions, incompulsory conflict exactly is resistance but illegal or resistance but responsibility thisproblem hold half said.The third chapter are the established conditions of the obligations of conflict. Inthis chapter, the author discusses the theory constitutes a conflict of obligations. Theauthor thinks that, there are four conditions for the establishment of conflict ofobligations: Several obligations incompatible, Criminal liabilities are violated, actor’sright choice and the status of the conflict between the obligations of the perpetrator cannot be attribute to actor. The corresponding obligations of imaginary conflict, act’swrong choice and no choice are discussed also.The forth chapter are the problems and solutions of conflicting obligations.Obligation to the conflict in the way of decriminalization, from the legality of theideological basis and essence of side, the author discusses the conflict of obligationsdoes not violate the legality out of crime, then through the criminal law article13 proviso discussion, draw obligations conflict can applicable criminal law13provisofrom sin conclusion.