Preliminary Research On Assistor By Omission

Assistor by omission is a crime of aiding a criminal by omission. Aiding a criminal by omission, which constitutes a crime, is a dominant ideology in foreign criminal theories, and is identified by these countries'judicial practice. Assistor by omission is a theory that worth further researching on in China, whose further researching will have a guiding significance for settling the difficult problems in judicial practice. This article is composed of three parts:The first is the establish grounds of assistor by omission. In my view, firstly, the assistor by omission belongs to its own theory in China. We should not deny its complicity character, just because there are the difficulties in distinction between assistor by omission and criminal omission. That is not solving problems, rather making new problems. Secondly, taking the assistor by omission as principal offender can't settle some problems, such as personal offense. Thirdly, assistor by omission can aid crime in statute significance. The theory of assistor by omission supplies the need of judicial practice and theories. On these bases, we shall define assistor by omission in a subjective and objective opinion, that is, assistor by omission is defaulting the legal action obligation to aid crime before or in other's crime.In my view, assistor by omission belongs to criminal omission, and joint crime too. But finally it belongs to joint crime. The omission way just causes its differences from assistor by action. The initial purpose of researching on theories of assistor by omission is to investigate the assistor with criminal responsibility. The assistor theory should be fit for explain assistor by omission, and should be its final foothold. So, there should be common places...