Research On Act Obligation Of Non-typical Omission Offense

Criminal omission,especially the unreal criminal omission,as the study of criminal law "unsolved problem" has always been the doctrine of differences.The omission is a crime form in fact,belong to the open elements,there is no clear provisions of China’s criminal law,coupled with the complexity of the crime theory itself,differences of opinion,therefore the crime is controversial and judicial judgment are not unified.How to establish as a source of obligations,so as to standardize the omission and the establishment of the scope of punishment is the center project of the unreal criminal omission.This paper will make by three in the judicial practice in the controversial the real case as the starting point,the focus of controversy of the case,summing up the omission reason obligations as controversial,and to study the concept of the basic theory as the starting point,put forward in China’s judicial how to determine the source of obligations in practice,and in practice to solve the obligation to determine as the real source of the standard,the omission in the legislative blank in our country,put forward relevant legislative suggestions.This article will use five parts to explain the omission obligation.The first part is the introduction of the research significance,research background and literature review are introduced.The second part is through the analysis of the unreal criminal omission related case,the origin analysis of controversial issues,summed up the causes of disputes,to provide overall direction for the following problems.The third part is the omission of the basic theory,including the omission of the definition,as the content of the obligation,and should pay attention to the problem in understanding the obligation,to clarify the source of obligations,is proposed as the criterion for judging the real source of the obligations laid the theoretical foundation.The fourth part is on the basis of the above analysis,the first of China’s the traditional theory of criminal law,four sources said a new interpretation and defined,followed by the establishment of the judgment of omission as a source of obligations that adhere to our position Based on the traditional theory of criminal law,four sources said,as the criteria must be integrated into the essence of obligation,and the solution of the substantial judging standards to establish the problem.The fifth part starting from the two aspects of the legislative mode and legislative content,put forward on perfecting the legislation of crime of omission.