Research On Preceding Behavior Of Negative Crime

It is common belief that preceding behavior can be seen as one of the sources of advanced obligation in the negative crime. However, as the theory improves, there are plenty of questions on its rationality. Based on these hot topics, the author analyzes the scope of preceding behavior, the justification reasons of its advanced obligation, and the factors contributing to its establishment. Through a large number of materials, this article will explain those problems from four aspects, here are the follows:Chapter one is about the brief introduction of preceding behavior. This is followed by two aspects:Firstly, we talk about the concept of the preceding behavior and its obligation, which are argued by some famous criminal scholars based on the theories. Then is the history development of the preceding behavior. At last, the author talks about preceding behavior make a big difference in the current law system.Chapter two mainly discusses whether the preceding behavior can be viewed as the origin obligation of the negative crime. The first segment is about the various definitions about preceding behavior, which has close relationship with its obligation. The author indicates that the obligation of the preceding behavior is also a moral obligation. The second segment is about the current situation of preceding behavior in our country and its significance in criminal system.Chapter three mainly talks about what contributes to a preceding behavior, through analyzation, the author recommends there are four requirements. Firstly, the act should be done by the actor himself, and this is why a dangerous result comes out. Thirdly, the possibility of the dangerous situation transferring into an actual damage is uncontrollable. At last, the author has the capability to prevent a more devastating consequence.Chapter four is about the scope of the preceding behavior. This part focus on four different areas:firstly, it is about whether legal behavior belongs to the preceding behavior. The author answers this question with a yes. The second quarter emphasize that preceding behavior will produce prescriptive duties even it is a criminal behavior. The third quarter talks about that certain behaviors with negligence could also be preceding behavior. The last quarter is whether an irresponsible behavior can be the preceding behavior. According to these results, the preceding behavior should include irresponsible behavior, because this act would also lead to harmful results as well.