Research On Offense Of Non-typical Omission

Offence of non-typical inaction are a difficult subject in the theory of criminal law.The article focuses on the theoretical construction of offence of non-typical inaction and bases the study on several basic issues,i.e.common dispute points of recent cases,the obligation of action in the form of inaction,and causation.The article discusses the concept,construction,and the obligation of action of the offence,in order to provide new insights and open up new ideas for the predicament of offence of non-typical inaction.The introduction of this article outlines the status quo of the theoretical research on offence of non-typical inaction and makes clear its status.The article is then divided into three chapters.The first part is the first chapter,summarizing the research on traditional offence of non-typical inaction in China.It conducts a theoretical review of the concept,construction,obligation of action and causation in China's criminal law and analyzes the difficulties encountered when studying offence of non-typical inaction in China,from both practical and theoretical perspectives.The second part is the second chapter.Based on the history of the construction of and theoretical study on offence of non-typical inaction in both the civil law system and the Anglo-American legal system,the author compiles and discusses the theory of offence of non-typical inaction,seeking to clarify the theoretical commonality of the two major legal systems and summarize the relevant inspirations for similar theoretical research in China.The third part is the third chapter.The essential difficulty in defining offence of non-typical inaction is to work out how the result can be based on inaction.In other words,the focus of research should be reverted to causality-the causal relationship between inaction and harm.To address the issue,this article puts forward the theory of exclusive control and dependence,i.e.only when the dependent person controls the cause-and-effect flow of the legal-benefit violation results exclusively,the result should be attributed to inaction.