Research On The Scope Of Antecedent Behavior

As one of the sources of the obligation,the antecedent behavior has been debated and discussed by the criminal law circles since its inception.Although the antecedent behavior can be produced as an obligation has been affirmed by most people,but because the theoretical basis and the limit extension of the antecedent behavior is very controversial,the criminal law of our country has no clear stipulation on it,which leads to the uncertainty of the antecedent behavior in the application of judicial practice.Therefore,it is necessary to define the scope of the antecedent behavior reasonably so as not to cause abuse in judicial practice.This article starts from the actual judicial case,leads to the dispute about the scope of the antecedent behavior.First of all,through the theoretical analysis of the positive and negative antecedent behavior as the obligation,to find the theoretical support for the positive antecedent behavior as the obligation.Secondly,on the basis of affirming the antecedent behavior as the duty,this paper analyzes the dispute of the specific scope of the antecedent behavior caused by the case,and concludes that the antecedent behavior can be both legal act and criminal act,except for the legitimate act of self-defense;it can be either responsible act or non-responsible act;it can only be carried out in the way of action rather than omission.Finally,because there is no exhaustive list of the antecedents specific scope,so it is necessary to summarize the general criteria for defining the scope of antecedent behavior.Based on the analysis of the existing standard of definition and the particularity of the antecedent behavior itself,this paper holds that it is reasonable to define the scope of the antecedent behavior according to Professor Roxin's objective liability theory,and applies the standard to solve the controversial cases in judicial practice to verify the rationality.