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Sources Of Obligation Of Pseudo Omission Crime

Posted on:2010-09-09Degree:MasterType:Thesis
Country:ChinaCandidate:X L SongFull Text:PDF
GTID:2166330332464047Subject:Law
Abstract/Summary:PDF Full Text Request
It is generally accepted that action, in the field of criminal jurisprudence, can be divided into two basic forms, which are crime of commission and crime of omission. And, crime of omission, which is also further composed of genuine crime of omission and pseudo crime of omission. Different from the crime of commission, which is violations of prohibitive stipulations, and the genuine crime of omission, which is violations of commanding stipulations, the duty of the pseudo crime of omission is not be expressed provision by the Crime Code. In judicial practice, most of cases are judged by the self-explanation of the judge. As our society is undergoing a changing time, the content of the obligation is also undergoing profound changes, arid the sources of obligation of the pseudo crime of omission are also becoming more and more complex and diversity. Criminal Law can not list it one by one. on the basic of elaboration and critique of varies of doctrines of the world, this paper try to do a detailed discourses upon the "four-sources" doctrine with the help of some cases, and make a brief explanation of the writer's opinion that in present private field.By all of the probe about the doctrines, what the writer want to get is to offer some practical proposals to the judicial practice.
Keywords/Search Tags:Omission, Pseudo crime of omission, sources of obligation
PDF Full Text Request
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