On Pseudo Crimes Of Omission

In criminal law theory, the main two forms are on crime of commission and crime of omission. The later is further classified as genuine crime of omission and pseudo crime of omission. The crimes of commissions are commonly acknowledged as violations of prohibitive stipulation, as well as genuine crime of omission are as violations of commanding stipulations. However, the content of pseudo crimes of omissions is much better complex. It refers to the situations that crimes can be committed either by commission or omission, while it is taken by omission. The Chinese Criminal Code does not comprehensively regulate such forms of crime while it frequently takes place in legal practices. The cases are such as kids' death for nursery misbehavior, factory's explosion for workers misbehavior and so forth. It constitutes crimes although there is no active deed. It is consensus among theory and legal practice. For it is not clearly stipulated in the Criminal Code, it remains a problem. How is the penalty be grounded? Whether is it in accordance with the law? Under what circumstances people are obliged to take actions? As a JM student, I know what I have learned is not enough to thoroughly answer these questions, but I hope this thesis will do some good to perfect the criminal law.