Study On The Legislation Of The Offense Of Omission

The offense of omission is one of crime basic shapes, omission is opposite to, is refers to the behavior person to have implements some kind of positive behavior the specific legal duty, and can implement but does not implement. Because it has many unclearly place in the crime stipulation, many difficulties in the judical practice, therefore we need make clear limits to omission offense. We must perform it from the legislation to consummate, thus can better instruct our judicial practice, make a contribution for the construction socialism country under the rule of law.This article altogether is divided four chapters.First chapter is the introduction, mainly is the studies the selected topic back ground of the offense of omission, the research significance and the literature summary.Second chapter does the outline of the offense of omisssion. At present, the domestic and foreign scholars have various opinions about the omission concept, the author think the omission with the offense of omission is two different concepts. Offense is the behavior person has some kind of specific duty which the criminal law request must fulfill, can fulfill the behavior which does not fulfilled, the offense of omission is not refers to the behavior person as the crime to have some kind of specific duty, can fulfill but does not fulfilled, the crime must be punishment according criminal law. Also it has all kinds of classification viewpoint about the classification of omission offense. After making a analyses in domestic and foreign classification, the author think it can be classified into as pure and not pure offense of omisssion and non- not pure offense of omisssionThird chapter, is two big legal systems countries, the offense of omission the legislation comparison. Through the two big legal systems countries- mainland legal system and the English America legal system country, six main countries does not carry on the analysis of the omission offense legislation, discovering regardless of the mainland legal system or the English America legal system country, they have the t the common in legislation. For example : seeing the danger not to rescue the crime or not to giving the rescue crime, refusing to testify the crime and so on. This is the question which exists in our country judicature practise, It is the place that our criminal law legislation should be worth profiting. Fourth chapter is the legislation in our criminal law of the offense of omission. The punishment of the offense of omission has a long history in our country, in the slave society or in the feudal society, existed. But in present criminal law did not take the crime in the legislation, which apart from the judicial practice seriously. We should diligently consummate the legislation of the offense of omission. Author's viewpoint is, we should perform the legislation in the general rule and the minute rule The general rule aspect mainly is the principle of the offense of omission, about the duties of act, the equivalent provision question, the mitigated punishment question. In the minute rule where author aims at the present situation, advocate additionally build the offense of indiffrence to danger of others and the offense of refusing in testimony.