On The Foregon Action In Negative Crimes

The advance behavior as a theory has been recognized by many scholars, but in China itonly exists on a theoretical level, the law does not explicitly provide for them, which led tothe first when handling behavior is not due to pure crime of omission there is no uniformstandard. Therefore, based on the status quo of China’s first in-depth study of the behavior isnot only the need for the development of the theory of criminal law but also the needs oftoday’s judicial practice.The advance behavior was to become a source of obligations consistent with the criminaljustice system, the criminal provisions of the law should be standardized meaning, but also tosolve the dilemma of reasonable values of justice. The advance behavior as a source ofobligations with other different first act itself does not cause legal requirements, only peoplein the first acts of the relative risk of the state, will produce criminal omission. Correctlydistinguish between behavior and sources of obligations ahead of other crimes are not asconducive to the proper handling of criminal conduct. Not all previous acts of omission cancause obligations as a crime, resulting in criminal behavior. First act must be the perpetrator’sown behavior; first acts to produce a dangerous state; first acts have caused no force as thecause of crime. According of the advanced behavior of the range considered, from theperspective of an objective legal evaluation, causing dangerous behavior is not affected by theprevious state of the nature of their behavior, it is not limited to illegal acts first, legitimatebehavior and criminal behavior under certain conditions can also be the first act but do not actas not to become the first behavior. First responsibility is not limited to acts of behavior, noresponsibility behavior may also become a leading behavior can also cause as an obligation.First acts of the perpetrator must be their own behavior, and can not be held liable for the actsof their own independent. Acts of self-defense need not evaluated as first, but took theemergency behavior may become first behavior. First acts of duty and moral obligation thereis a connection and distinction, the distinction is correct justice needs.After the advance behavior of the States is not due to a crime is not pure legislativemodel for analysis, general principles of criminal law the most appropriate single type oflegislative model, that is, from the general part of the Penal Code as a crime and not as asource of obligation to do on the basis of the provisions outlined primarily as a source of obligation behavior first and then specifically enumerated. In the law of the constituentelements and also the scope of the first acts of explicit restrictions, in order to advance in thetreatment of impure behavior of a uniform standard can be based upon not as a crime, so thetheory to better guide the judicial practice.