The Study On The Obligation To Act In The Crime Of Non-typical Omission

In the criminal law of the world , research on the obligation to act in the crime of non-typical omission is a hot spot and a difficult point. Because of the uncertainties and relativity of the obligation to act, its occurrence foundation experiences development process from form basis to essence basis and to combination between,continuing to explore. Determine the obligation to act range , whether in the criminal law theory or practice of administration of justice is a important thing . This article first on the concept of re-positioning of the crime of non-typical omission ; second ,determining the position of system of the obligation to act in the crime of non-typical omission ; third , Key analyzing the form basis and the essence basis of the obligation to act in the crime of non-typical omission ; fourth, obtain the result of rationality basis and proving the conclusionthe by the behavior of not-saving when others'in danger.The focus of this article is the rationality basis in the crime of non-typical omission . The mainly is to system analysis the form basis and the essence basis of the obligation to act in the crime of non-typical omission,and concluded the rationality basis which is the combination of the form basis and the essence basis. However, this combination is not simply additive, but should be divided into two areas: on the one hand is the legislative level of integration ; on the other hand is a judicial level of integration.Finally, proving the substantive of the behavior of not-saving when others'in danger is in line with the rationality basis of the obligation to act in the crime of non-typical omission.