A Study Of Offense Of Non-typical Omission

Offense of non-typical omission refers to the crime can be committed either by commission or omission, and it taken by omission. In criminal law, offense of non-typical omission has long been attracted the attention of scholar. The Chinese Criminal Code does not comprehensively regulate offense of non-typical omission, in real judicial practices, a lot of puzzled emerged from the punishment of this kind of crime, so if the theory of offense of non-typical omission connected with legislation ,it will promote Criminal Code more and more rational. For studying the problems of offense of non-typical omission, the author chooses《A Study of offense of non-typical Omission》as subject, based on analyzing of all kinds of discussion of scholars in Germany,Japan and our country, studies the conductive nature\ the objective essential\ the active obligation and the relationship between conduct and effect, etc, then discusses the legislation of offense of non-typical omission.Apart from the introduction, this article consisted of four parts: the definition of offense of non-typical omission\ the source of active obligation\ the relationship between conduct and effect\ the legislation about offense of non-typical omission in our country. There are 29000 Chinesecharacters in the article.Part one: definition of non-typical omission. Based on the analysis of theconcept and conductive nature of omission, this chapter defines the definition ofnon-typical omission, and discussed the objective essentials of non-typical omission.Part two: source of active obligation. The chapter begins with theory of source of active obligation , then point out that the source of active obligation must be connection of substantial factors and superficial factors, and discusses the substantial and superficial origin of the active obligation.More,the chapter analyzes the sensitive problem about if the obligation of moral will be treated as law.Part three:relationship between conduct and effect,the chapter clarifies the negation and approval of relationship between conduct and effect,on the base of theory of internal cause and external cause in Materialist dialectics,the part sums up the characters of the relationship.Part four:legislation about offense of non-typical omission.The chapter analyzes the offense of non-typical omission in connection with the principle of legally prescribed punishment for a specified crime,considers it essential to perfect the legislation on offense of non-typical omission.After consulting the legislation of other countries(districts),the article gives advice of legislation on offense of non-typical omission in our country.