On Pseudo Crimes Of Omission

In criminal law theory, the major two forms are on crime of commission and crime of omission. The later is further analyzed as genuine crime of omission and pseudo crime of omission. It is widely acknowledged that the crimes of commissions are violations of prohibitive stipulations and genuine crime of omissions are violations of commanding stipulations.As for pseudo crimes of omissions, the content is much more complex. It refers to the situations that crimes can be committed either by commission or omission, and it is taken by omission. The Chinese Criminal Code does not comprehensively regulate such forms of crime while it frequently happens in real practices. The cases are such as children do not offer help to dying parents, kids' death for nursery misbehavior. There is no active deed, but it still constitutes crimes. It is a consensus among theory and legal practice. For it is not clearly stipulated in the Criminal Code, it remains a problem. How is the penalty be grounded? Whether is it in accordance with the law? Under what circumstances are people obliged to taking actions? The thesis is based on a specific case and the theory in a number of cases to deeply analyze the crime of omission. We aim at positive suggestions for a perfect criminal law.