| Antecedent act is very typical in the theoretical study of non-f easance crime,enriching and expanding the scope of application of non-feasance crime.After development,its status as the source of o bligation has been widely recognized by the academic community o f criminal law.However,there are many completely different theore tical views on the application of antecedent act.Antecedent act is n ot clear in legislation,and the perfection of the theory provides a b lueprint for solving judicial substantive justice,which is needed for judicial practice.Based on the theory of omission crime,this paper studies the concept of antecedent act,the rationality of the source o f obligation and the classification of antecedent act.Including the fo llowing four parts:The first part,comb the leading behavior and the internal relati on between nonfeasance crime,explore the behavior is not as a cri me in the first derivative background,from the leading behavior the ory is put forward,accepted by the mainstream of the criminal law to the leading behavior,until the influence spread to continental la w system and Anglo-American law system,to some countries and r egions of the leading behavior into the criminal law provisions,Diff erent countries have different forms of approval for antecedent act s.While affirming the concept that antecedent act is subordinate to crime of omission,this paper puts forward the definition of anteced ent act through summarizing the mainstream views,and makes a co mparative determination on the nature of antecedent act.The second part analyzes the rationality of antecedent act as th e source of obligation.Inductive position as sources of obligation of certain point and negative point of view,consider the rationality o f the two theories,puts forward the view that the leading behavior should be as a source of obligation is the criminal law standard,le ading behavior as a source of obligation to solve the judicial practi ce is not on,did not violate the principle of legally prescribed puni shment for a fully reflect the task of criminal law to punish crime and protect human rights,the purpose of It is the inevitable result o f the development of the theory of crime of omission.The third part summarizes the conditions for the establishment of antecedent act as a crime of omission.Antecedent act not only n eeds to meet a series of necessary conditions to establish the crime of omission,for example,the act is carried out by the person hims elf,and the dangerous state that the act causes enough to infringe t he legal interests of others exists,but also needs to meet the requir ements of the limiting conditions,including the obligation to rescue the dangerous state and the possibility of rescue.The necessity cond ition and the limiting condition double restrict the establishment of antecedent act,so as to exclude the relevant persons whose conditio ns cannot be reached,do not carry out the obligation of rescue,an d do not trace back for the crime of omission.The fourth part of leading behavior constitutes not as a crime type of form,and analyzed by theory,combined with case analysis,argumentation in all circumstances leading behavior should include the type of it is concluded that the types of leading behavior inclu ding legal behavior crime,without accountability behavior,but not as taking a cautious attitude. |
