Discussion On The Obligation To The Offense Of Non-typical Omission

Compared with the action crime, the offense of non-typical omission has always been a more controversial, complicated problem in criminal jurisprudence. The deserved punishment of the criminal omission originates in its obligation. The obligation of standard omission offense has been expressly provided in the specific provisions of criminal law, but the non-typical omission has not yet. As a result, whether the prerequisite, condition and range of non-typical criminal omission are clear or not is directly related to the certainty in the criminal law. These issues also matter to the spirit of the principle of a legally prescribed punishment for a specified crime and will be the focus of the paper. This paper is divided into four parts:Part I. This chapter mainly analyzes some fundamental issues about the obligation to non-typical criminal omission, such as concept, characters, and legal regulations. It also discusses the equivalence between the action crime and non-typical criminal omission.Part II. This chapter mainly research the prerequisite and exist conditions of non-typical criminal omission which means the domination problem in causality. In the first section, after discussing diverse theories, this chapter proposes three standards of the domination problem in causality. In the second section, this paper analyzes exist conditions of non-typical criminal omission known as the status of the guarantor. It raises some standards to identify the status of the guarantor.Part III. This chapter discusses some classical theories of obligation. It analyzes form obligation and substantive obligation in different countries and areas. The origin of act obligation of non-typical criminal omission shall be the unification of substantial element and formal element, the former confirmed the factual bases of act obligation, and the latter unified the normative formation of act obligation.Part IV. This chapter introduces the problem of sources of obligations of the non-typical criminal omission. It believes the legal obligations requires four conditions.Lastly,this paper conclude that: fist, the doer shall dominate the causality causing the harmful consequences; second, the doer should be in the status of the guarantor; the non-typical criminal omission must be conformed to the lawful elements which realized by action.