Discussion About The Irrationality Of The Moral Obligations Becoming The Origin Of Nonfeasance Crime

Feasance obligation has been a core issue Nonfeasance Crime, and there are many discussions about the concept and origin of feasance obligation. Whereas, the opinions about the feasance obligation have become diversiform, not only become among the different countries, but also in the same country. In order to keep with the trend of obligation substantively, some countries are inclined to bring the moral obligation to be the origin of the nonfeasance crime. Because the ambiguity of the Law on the nonfeasance crime, and in the judicatory practice more and more immoral behaviors have appeared, which jeopardize the safety of the society seriously. Consequently, some scholars in our country advocate bring the moral obligation to be the origin of the nonfeasance crime.This article will introduce the concept of moral freedom to make out that the irrationality of the moral obligations becoming the origin of nonfeasance crime on the base that which betray the concept of moral freedom. And the article aims to definite the borderline of the obligation substantively and makes a sensible limit on it as to keep the balance between the penal sanction and moral accusal, in the wish that to search a path to the justice.The article is made of four parts, as chapterâ… "the generality about the origin of the nonfeasance crime", chapterâ…¡"the origin and the development of the moral obligation", chapterâ…¢"the collision between the freedom and nonfeasance obligation and the value selection", chapterâ…£"moral freedom serving as the criterion between the penal sanction and moral accusal".In chapterâ… , in the way of classifying on the nonfeasance crime to definite its connotation and extension, and do a research on the materiality about the origin of the nonfeasance crime. In chapterâ…¡, this article traces back to the source of the moral obligation serving as the origin of the nonfeasance crime, then give a comparison between the domestic moral duty and foreign moral duty. To explain why the moral obligation can't be the origin of the nonfeasance crime, this article has introduced the concept of moral freedom and prove it in three aspects. In the last chapter, this article makes the objective behavior and the purpose freedom to be the criterion to limit the explosion of the origin of the nonfeasance crime, in order to ensure the people's legal freedom.