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Omission As A Crime Obligations Research

Posted on:2007-06-02Degree:MasterType:Thesis
Country:ChinaCandidate:W Q WangFull Text:PDF
GTID:2166360218962310Subject:Law
Abstract/Summary:PDF Full Text Request
Compared to a crime, as crime is a crime is not another form, it refers to the act to fulfil its obligations in the case of non-compliance with the obligations posed by crime. Not as guilty as the obligation is not as a criminal one, not as a crime reflects the basic facts and the nature of the crime is not as a core crime, but also the key to understanding it as a crime.Since this is not a crime as a concept associated with the obligation, not as a criminal act on the core obligations, the obligations set out not as committed as to the definition, status and obligations as a source of reference. Through domestic and international obligations as a form of the theory that, in comparison with that on the basis of theoretical analysis, presented as a crime not as a source of personal views obligations : the obligation to be in form and substance as both to define the type of their existence, they are reciprocal conditions continuum.The structure of the Introduction, and Conclusion three main componentsThe main part is divided into three chapters :Chapterâ… was not on duty as a crime as some of the basic issues. Introduced not as committed as a crime and not as obligations related concept, and not as an obligation, as a redefinition of the nature and characteristics.Chapterâ…¡, first discussed as a crime and its obligations without the important theoretical system status and obligations as set out in strength as a crime that is not the role. Then focus on the omission as a crime under the obligation to carry out theoretical, and on the obligations under the various forms as a theory with more substantive theoretical viewpoints and analysis system summarized its reasonable and inadequate for the third chapter behind this perspective by laying a theoretical foundation.Chapterâ…¢, as in the previous chapters of the obligations on the basis of a systematic analysis of various sources said, made this point : that should be explored both form and substance as a source of obligation. From the level of form, as required by the obligations under the norms of criminal law and the facts on the basis of two conditions, and the "four sources said" and "five sources said," to redefine the basis of comparison as obligations in the form of sources, presented their own views. From the real dimension, as the obligations are rooted in law from social functions, in particular for people in society generally recognized, and for the protection of law from the existence of social relations (or status). Criminal acts that may require a person to fulfil certain obligations to the perpetrator and the victim or dangerous sources between exclusive benefits that exist for the protection of the law, and thus launched exceptional circumstances relief obligations that obligation sources. Finally, the criminal legislation of the omission of ideas and proposals put forward reasonable : in general are not as committed to the obligations arising under that and be clear as to enable judicial activities in accordance with the law, to avoid analogy; See additional hours of the crisis is not saved, this is not as pure a form of a crimes, crimes so as to achieve the statutory requirements.Conclusion part of the obligations as related to the introduction to the theory of two cases results rethinking that warning, and just rectify the name of the law!...
Keywords/Search Tags:Did not take, As duty, Legal act, Advance behavior
PDF Full Text Request
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