Research On Several Issues Of Obligatory Crime

Guilty "duty" is the German scholar professor was trounced in the process of argument its crime system,compared with the traditional type of crime guilty "dominate" in terms of obligations committed to actor’s behavior whether against specific positive obligation for their crime judgment criterion,this is the traditional control theory,or to the traditional theory of criminal facts dominate a kind of innovation,from the point of the thinking of the criminal law,the obligation to make thinking is in fact a kind of innovation,the ontological thinking of the criminal law,from the fact,the ontological thinking to function of the criminal law,the standard theory of the criminal law of thinking,This kind of innovation has important reference significance to solve some special types of crime of omission and crime of identity in our theory and judicial practice.Demonstrated in this paper,mainly through three aspects to study the obligation to make the theory of related problems,the first part is the obligation to make the theory overview,the author through to the professor he and the theory of professor jacobs’ s obligation to make contrast,clear professor he’s obligation to make theoretical source of "duty" is not clear,too wide a range of issues,and on the basis of this affirmation professor jacobs from "jurisdiction of organization" and "the jurisdiction of the system of" level to improve the theory of professor he’s obligation to make claims adhere to the theory of professor jacobs’ s obligation to make,The so-called "obligation to make" means any person has with others to create a better world of obligation,specific to social life means everyone has organized their behavior not to harm other people’s negative obligation,also have come from system level,given to the offender is imposed by the external regulation the unity of the positive obligation of others,the offender violates this belongs to the obligation to make specific obligations.Outside the introduction to the theory of duty committed,start a new chapter inthis paper,the principle of duty committed crime and did not put obligations committed crime theory introduction to the theory of obligation to make chapter discusses together,because the author thinks that obligations committed crime principle is the core of the obligation to make theory,and the third part of this paper is mainly based on the principle of duty committed crime,if put this part in the first part is the hard duty committed crime principle fully demonstrated.Obligations committed crime principle is refers to the offender behavior of one is not the offender behavior whether external forms and reasons of the results command and decision,but as long as the actor’s behavior causes itself to breach is made with a positive obligation,also set up crime at the same time,because there is no help in the obligation to make make,fagin,etc.,as long as the obligation to make,it belongs to the crime.The core of this paper is focused on the third part,that is,the theory of "obligation to make reasonable reference and thinking",the obligation to make theory was born in Germany foreign criminal law theory,which is the basis of the actual law of German standard and Germany’s specific national conditions,and Germany and actual law norms and concrete national conditions of our country is there is a difference,so for obligation theory,we can not blindly affirmation and accept,but we also should pay attention to the Chinese and German both belong to the continental law system countries,and in recent years,Germany’s criminal law theory of our country’s criminal law system of influence deeply,and all the crimes have convergence,so for the obligation theory,We can not blindly to deny,exclude.In short,in the face of the obligation to make theory on this problem,our country can not blindly affirmation and acceptance,also cannot deny blindly,but should be reasonable for reference,this article in the third part through "the feasibility of the obligation to make reasonable reference theory" "the necessity of the obligation to make reasonable reference theory" and "problem" that should be paid attention obligation to make reasonable reference theory from three aspects,from two aspects of theory and judicial practice,demonstrates the significance and function of the obligation to make theory of our country,and in the process of reference we should carefully deal with the problem.