The Source Of Obligation Of Impure Omission Crime

Impure omission crime and act crime apply to the same elements of crime,so they are either the same or equal in the elements of crime.The difference between the impure omission crime and the act crime is mainly due to the different manifestations of the act and omission.The difference between the existing structure and the normative structure of the harmful act is due to the different obligations they violate.One is the obligation to act in violation of the mandatory norms,the other is the obligation not to act in violation of the prohibitive norms.Because the harmful act is equivalent,the reverse deduction can be obtained,and the obligation of act and omission violated should also be equivalent.In this way,the main problems of impure omission crime in the field of obligation as well as in the principle of a legally prescribed punishment for a specified crime will be attributed to the source of obligation as impure omission crime.In this way,the theory of equivalence can be built into the category of substantive act obligation,so as to improve the source of act obligation of impure omission crime,and is no longer a substantive judgment standard independent of act obligation.Thus,the treatment of the impure omission crime forms a dual obligation imputation mode of formal obligation + substantive obligation(equivalence judgment)+ causality,which positions the equivalence theory as the source of obligation.In this way,since the act obligation of impure omission crime is equivalent to the act obligation of act crime,it leads to the domino reaction which is equivalent from the harmful behavior to the objective aspect of crime and then to the subjective aspect of crime.It not only forms a complete theoretical logic in the theory of impure omission crime,but also provides a new way to solve the conflict with the principle of legality.