The New Exploration On The Source Of Action Obligation Of Not Pure Non-Action

Method to adjust human behavior and human behavior can be divided into acts andomissions，so not only adjust the law as a person，and also people do not adjust as omissionswith respect to the terms，refers to the behavior of people charged with specific legalobligations to implement some kind of positive behavior，and the ability to implement and notto carry out acts.With a different，as often is not showing on the stationary state behavior ofthe human body.Therefore, the study of such crimes more complex.The perpetrator in thecondition does not constitute a crime, the key is to determine whether certain obligations as asource of obligation omission as a crime.The focus of controversy in many difficult cases injudicial practice is also here now. On the one hand, there is no relevant provisions in thecriminal Law，but such acts of judicial practice has been convicted and punished，this is thecontradiction between the legislative and judicial.On the other hand, has been based on thetheory of criminal law as guilty as the center，no obligation to not pure research as guilty asnot deep，so problems in judicial practice is how unity is not pure as a punishment range ofnot guilty. This paper introduced the problem through case，overview not typical omission ofthe relevant circumstances，said that source and substance of the history and development ofthe doctrine say its forms and sources of foreign obligations elaborate comparison，finalizesuitable for china’s sources say，the "doctrine of close community life" the introduction ofdomestic，promote judicial unity，perfect criminal Legislation.