Research On Identification Of The Non Pure Omission Crime

Non pure omission is a kind of crime normally committed by a means of non implementation.It is essentially different from the non crime omission offense, because it do not express clearly in law, so there is ambiguity in the judicial practice. In order to further clarify the origin of non typical omission crime, the article combined with typical cases, in view of the theory of the obligation to recognize the problem. The whole article is divided into four parts.The first part of the case is a whole and overall introduction of the controversial issue. In this part, the author introduced some cases,such as: "Mr.Zhang whoring case", "ice lake sinking the corpse case", "abandoned the injured death case", and then elaborates the existed problems in each cases on how to cognizance the obligation of non pure omission.The second part is talked about the obligation of illegal trade and non typical omission. The in-depth analysis of relevant theories involved in this part on the case of "the death of Mr.Zhang whoring". In this case, the author believes that illegal trading behavior is a previous act. Illegal trading behavior as the first act, its nature and criterion determines its relationship with the offense of non typical omission as a duty.The third part is the obligation of the relationship between the lovers and the non typical omission. In this part, the author research the "ice lake sinking the corpse case" in detail. First of all, the author makes a brief definition and analysis of the relationship between lovers, so as to put forward the guarantor status under the relationship between the two lovers. Then, according to the definition, the author to ensure the status on the basis of the theory evolution, the scope and the relationship on obligations of the non pure omission.Finally, the auther gives in-depth studies to elucidate this issue by combined with the case on the guarantee status which established on the equivalence and obligation source.The fourth part is the obligation of the causal relationship and the non typical omission. In this part, the author research "abandoning wounded to death case" in detail. The author put forward the causality of harm as a result of domination or not, which is the determination of nontypical omission committed view of constitution and no standard. In this regard, the author first put forward the theory of the relationship between the dominant position and the causal relationship. Then combining with the case and related theory, the paper discusses and puts forward his own opinion on the criminal charges of the perpetrators and drivers. Finally,the author return to the influence level of the abandoned behavior to judge the causality, and then confirms the author’s own point of view.Through the above analysis, the author thinks that the illegal transaction behavior in the "Mr.Zhang whoring death case ",the lovership in the " ice-lake sinking corpse case ",and the causal relationship in the "abandoning wounded to death case",all make the parties on the guarantor status. Their behavior constitutes a violation of the obligation of non pure omission, which in the case is the non pure crime.