On The Type Of The Advanced Behavior Guarantor In Omission Crime

The type of Advanced Behavior Guarantor as one of the source of forms of obligation has attracted much attention.The neglect of criminal legislation has led to prejudice against the principle of a legally prescribed punishment for a specified crime.In recent years,judicial cases relating to antecedents have doubled.Because of its substantial social harm,it is necessary to explore the value of its existence on the premise of affirming the type of Advanced Behavior Guarantor.In addition to the preface,the dissertation is composed of three parts.Chapter one: the development and theoretical basis of the type of Advanced Behavior Guarantor.Firstly,the evolution course of the guarantor type of Advanced behavior was introduced,from the “Aquila Law”tort liability for Advanced acts,the specific obligations of the Westphalia Act,to the two sources of Feuerbach's,and to Stubel's explicit proposal of Advanced behavior concept.Nagler put forward a famous guarantor on this basis that after the development of Amin Kaufmann,the concept of the type of Advanced Behavior Guarantor was fixed.Secondly,through the introduction and analysis of the theory of Advanced behavior,doctrine,and organization jurisdiction,it is believed that the voice of negating Advanced behavior has come and gone,and it is necessary to find the theoretical basis for substantiveization.Standing in the perspective of doctrine can not be drawn to a reasonable basis,it should seek the criminal policy.Chapter two: The nature and scope of the type of Advanced Behavior Guarantor.First of all,it quantifies the Advanced Behavior and believes that it is an urgent dangerous behavior that has the possibility of infringement of legal interests,and has the three characteristics that I have performed,that are dangerous and that it is possible.Next,discussing what kinds of behavior can become Advanced Behavior.Under normal circumstances,legal actions cannot be Advanced actions,except for emergency risk aversion that has illegal reasons.Advanced acts can be general illegal acts and criminal acts,but they cannot be non-acts.As long as the advanced behaviorhas the danger of infringement of legal interests and does not ask the subjective mentality,the non-responsibility behavior can also be antecedent behavior.Chapter three: The issue of the number of crimes of the type of Advanced Behavior Guarantor.First of all,it introduced the doctrine of crime number theory at home and abroad.According to the evaluation of objective theory,subjective theory,and compromise theory,it was considered that the constitutive elements of crime were reasonable and practical and were in line with our actual teaching.Secondly,on the basis of the crime constitution theory,we use the theory of “doing behavioral identity”in Germany's theory of non-action to guide the issue of the number of crimes in China's Advanced Behavior Guarantor,and determine the number of crimes based on the number of times they are obligations.In the case of antecedent acts,a crime was established for a general offense.Therefore,the crime of Advanced Behavior has the scope for several crimes.By using the classification method of Professor Zhang Mingkai,whether or not the plain language provisions of criminal law are used as the demarcation line cannot be sufficient in normative theory.At the time of evaluation,he attempted to deal with related problems with a high degree of theoretical acceptance of crime and punishment.