The Research Of Crime’s Property In Previous Act

The previous act is a spot and difficulty in research of non-typical omission,many academics had been deeply researched this theory for a long time. What`s the existence foundation of previous act ? What`s rang of previous act? What`s composition of previous act?All of them are irresistible to us. When we define the range of previous act,we should discus if previous act is composed by omission,crime violations or not.This paper`s topic is the connection of crime and previous. Because of this subject is small,many academics did not discuss it in depth.but it will be good to omission,aggravated offense and the principle of double jeopardy prohibition if we can answer this problem well.On the basic of recognition the crime can be part of previous act,author want to establish a standard about which crime can turn into previous act,I think it will provide useful inspiration and reference for solving this topic.This paper consists of three chapters and is divided as follows:The first part define the prerequisite of this question.Because the discussion of this issue must be based on admit the existence of omission and recognize previous act can become an obligation of omission.First the author discusses the obligations of non-typical omission.It focuses on previous act when introduce forms of obligation and introduce the rationality of previous act when debate real obligation.Through introducing the history of previous act,author bring out the theme----what`s the connection of crime and previous act.On the basis of summarizing academic`s pints,the author proposed my own view.Firstly author summarize academics`different points--Approval,Exception and compromise. Secondly, the author also describes the status of such cases in the judicial practice by example, Finally,After analysis,author find that less and less hold a positive view,and negative point`s argument mainly focus on aggregated consequential offence, Repeat evaluation and different nature between crime and previous act.and the compromise point is rational.So on the basis of a clear focus of controversy,author thinks crime can be a previous act under certain condition.The main task of third part is theory construction,on the basis of second part,author want to establish a stander that which crime can be a previous act. Firstly,author introduce academic`s different views,the analysis revealed that taxonomy is involved by aggregated consequential offence and legal interest,I am inspired by this views and divide the eight cases described in detail my views on the issue:(1) Intentional crime+Intentional omission+Same object+Result-aggravated crime;(2)Intentionalcrime + Intentionalomission+Different object +Result-aggravated crime;(3) Intentional crime +Negligent criminal+Same object+Result-aggravated crime;(4) Intentional crime+Negligent criminal+Different object+Result-aggravated crime;(5)Negligence crime+Intentional omission+Different object +Result-aggravated crime;(6) Negligence crime+Negligent criminal+Same object +Result-aggravated crime(7) Negligence crime+Intentional omission+Different object +Result-aggravated crime(8)Negligence crime+Negligent omission+Same object +Result-aggravated crime.Finally I found if previous crime does not hane a Result-aggravated crime,no matter how same object the two crime have,that previous act will not include crime.But if they have different object,the privious act will include crime.So the paper finde a way to solve the problem.