On The Legislative Omission

Omission crimes refer to the crimes that violate the specific obligations to fulfill some performs. The theory of Omission crimes in China is largely based on the theory of civil law countries, but there are still many deficiencies in the legislation.The author believes that the main shortcomings of legislation is:1,General Principles of Criminal Law did not include the concept of omission. 2,Unlike the criminal laws of the countries such as Germany, neither the countries such as French, the provisions of the omission in our country is not clear, resulting the judicial confusion.3,Attribute "Traffic Accident Escape" to the Crime of suitability is questionable.In this paper, through the discussion of acts of omission, the principle of legality, the equal value between Genuine Omission crimes and Pseudo-Omission crimes and the obligation in Omission crimes, the author Summarize the following conclusions:First of all, crime is a serious violation of norms of behavior. From the physical point of view, crime can be expressed as physical activity, also be manifested as physical rest; from the perspective oflegal norms, crime can be "should not do but do", also can be "should dobut not to do". Omission crimes is the crimes that "should do but not todo", it can be either positive behavior, or negative behavior.Second, the recognition of Pseudo-Omission crimes does not violatethe principle of legality, but it requires expanding the interpretationof the literal meaning. In other words, based on the limitations of thetext itself, it is allowed to expand the interpretation of the literalmeaning if the explanation is reasonable and general understanding.The third, the provision of Omission crimes should be guided by thehighest goal of criminal law, and consider the China's national conditionsThe obligation is not static, but changes with the social environment.However, no matter how the obligation changes, as there was no liabilityunder no obligation, commitment to criminal liability must be premisedon criminal legal obligations. According to the principle of legality,the form source of obligation is Criminal law.Based on the above analysis, the author put forward severalproposals, including: amending General Penal Code provisions on theconcept of crime, adding the provision of Pseudo-Omission crimes in thegeneral provisions of Criminal Law, adding the Crime does not rescue, anddeleting the provision of "Traffic Accident Escape".