Research On The Conditions For Establishing A Crime Of Non-genuine Omissio

The theory of the crime of non-typical inaction is complicated and difficult.Starting from the basic concept and content of the crime of inaction and its difference from the crime of real inaction and action,this paper briefly sorts out its theoretical development history and the status quo of foreign theoretical norms.According to the requirements of establishment,from the aspects of duty of action,omission,causality,possibility of action and equivalence,etc.,it is hoped to obtain more pertinent conditions for the establishment of an inauthentic crime of omission,so as to provide some ideas for judicial application.The introduction of this paper briefly introduces the research status and level at home and abroad,as well as some issues that are highly related to the research on the establishment conditions of the crime of false omission.After that,the main text is divided into four chapters.The first chapter briefly introduces the concepts and different viewpoints of the crime of omission and the crime of omission,and then discusses the difference between the crime of omission and the crime of genuine omission from the constituent elements and the obligation of action violated.The discussion has a positive effect on the establishment conditions of the crime of inaction and omission.The first part of the second chapter is from the historical development history of the theory of the crime of inaction,from the theory of causality,the theory of illegality,to the theory of the conformity of the constituent elements and the guarantor,and the theory of purposive behavior,and also discusses the crime of insubordination and the legalization of crime and punishment The time-honored contradiction of principles,and the equivalence of independent elements that are thought to be the establishment of a crime of untrue inaction.After the vertical theoretical induction,the second part of the second chapter horizontally discusses the current structure of the crime of false omission in the major countries of the civil law system and the common law system,and provides the conditions for the establishment of the crime of false omission based on the criminal law of our country.discussion for reference.The third chapter is the key chapter of this paper.It first summarizes the elements,and then discusses the necessity and the necessity of the establishment of the crime of unreal omission one by one from the elements of action obligation,omission,causality,possibility of action,and equivalence and effect.Chapter 4 discusses two common and controversial situations in which the crime of inaction is applicable.Combined with the conclusions of the above article,it discusses the conditions for the crime of inaction in the case of not being rescued in the face of danger and failing to fulfill the obligations of network security management.Applicable Reasonableness.