On Offense Of Nontypical Omission

In criminal theory, the theory of offense of nontypical omission is a special category in the theory of dangerous act. There is great controversy on how to punish offense of nontypical omission, because the criminal provisions, which are the legal resources to punish nontypicay omission, just specify the form of action other than omission. For instance, how to harmonize the offense of nontypical omission with the principle of a legally prescribed punishment for a specified crime? How to determine offense of nontypical omission according to the provisions which specify the form of action? What kind of omission constitutes an offense of nontypical omission? Is there causation between omission and dangerous consequence? How to determine the causation? All of the questions mentioned above are the important problems in the theory and practice of offense of nontypical omission. It is found that there are thousands of foreign theory and prejudication which have made a deep probe into nontypical omission, but there is seldom domestic research paper on the same topic. The author writes a dissertation on this topic just to throw out a minnow to catch a whale.This dissertation is divided into four parts, with about 50,000 words. It makes a deep discussion on the concept, the objective essentials, the subjective essentials, and the legislation of offense of nontypical omission, in which the author emphasizes and puts forward his opinions on some focus topics, such as the action liability, the causation and the norm constitution of offense of nontypical omission, as well as the relationship between offense of nontypical omission and doctrine of a legally prescribed punishment for a specified crime, and so on.Chapter One: the concept of offense of nontypical omission. This part introduces some opinions on the concept of nontypical omission. At the same time, the author gives commentaries on theses opinions according to the historical origin and theory basis of offense of nontypical omission, and brings forward his opinion.Chapter Two: the objective essentials of offense of nontypical omission. This part, in the first place, makes commentaries on the principle opinions about the objective essentials of offense of nontypical omission. Secondly, the author mostly discusses on two essentials of offense of nontypical omission, including the liability of action, as well as the causation in offense of omission, and brings out his opinions.Chapter Three: the subjective essentials of offense of nontypical omission. This part is mainly on the characters of intention and negligence, making specific discussions on the determining the offense of action liability mistake.Chapter Four: legislation of offense of nontypical omission. In this part, the author brings out some primary suggestions on the legislation of offense of nontypical omission.