The Research Of The Advanced Behavior In Negative Crime Theory

Advanced behavior theory has a positive effect on exploring negative crime. Although this theory won general recognition of the legal profession in our country, it is still in the theoretical level. The law of our country didn’t make clear stipulation to it. So it is very difficult to have a unified standard on this theory. It causes the major problems for advanced behavior theory research. So the researching of advanced behavior theory is not only the need of perfecting our country’s legal system, but also the need of solving practical legal problems.In this paper, the author expounded the premise of this theory first. The author thinks that it passed from the form of obligation doctrine to substantial obligation theory.Secondly, the author had a deeper discussion. The author expounded the reason of causing the duty of action on negative crime. There are positive and negative opinions in academia. The author agrees with the positive one. Scholars of positive opinions believe that advanced behavior is an important obligation source of negative crime.Thirdly, author expounded the definition and scope of advanced behavior theory. The author referenced the viewpoint of professor Luo Kexin. He thinks the establishment of this theory includes the following three conditions: risks ahead, there is a link with the risk, and other objective rules.Fourth,about the scope, the author thinks advanced behavior must be a kind of illegal behavior. Unjustifiable self-defense and act of rescue are special conditions. They are crimes. But they can’t constitute the advanced behavior. Acts with or without responsibility are both advanced behaviors.In the last part, the author discussed the legislative problems of negative crime caused by advanced behavior. According to the circumstance of our country, the most reasonable way is taking criminal single-row type model. That means adding the source problems of negative crime and the duty of action to general provisions of criminal law. Then explain the source of obligation like advanced behavior in detail. We should pay attention that the relevant legal provisions should also give clear instructions on the elements and the scope of application of advanced behavior. So that we can carry on a concrete standard on non-typical negative crime. So we can solve the legal problems in reality with better methods.