On The Base Of The Originating Of The Act-obligation About The Non-act Crime

This paper talks about the base of act-obligation about non-act crime, and believe that taffic-action can lead to this act-obligation and some of the"running away"after traffic can be attributed to non-act crimes.This paper has 2 parts; the first part speaks of the base of the act-obligation about non-act crime, which is explained through two aspects, the obligation from essence and from form. The former makes some supplements for the later and the later gives some limits for the former in form. It's necessary to get them together .The paper lists the essential obligation coming from in and outside and makes some explanations. Severe damage in social relationship should be regarded as the essential base, which can also account for the nature of non-act crime. As for the formal base, it thinks the common opinion is reasonable, although different countries and different districts may have different opinions. This paper analyzes the obligation from law,post,act of law and former action, and mainly discuss the latest one. It concludes that the former action can be legitimate,illegitimate,non-liable act and other's act in special circumstance, except non-act.The second pionts out that the traffic can lead to the act-obligation.Scholars inside makes differet explanations about the meaning of"death caused by running away".This paper argues that actor may be intentional for the death,also may be negligent for it.From the theory of non-act crime and the principle of the applicability among crime and liability and publishment,the meaning of"death caused by running away"should be divided into two parts,one belonging to non-act crime,the other belonging to aggrivated crime of traffic.On this base,it re-explain the meaning and nature of"running away"in criminal code article 133 provision and EXPLANATION.