The Sources Of Obligation Of Negative Crime

In the criminal theories, the action crime and the negative crime are relative. Although in fact the number of the negative crime is inferior to the action crime universally, people always pay more attention to the negative crime, and the negative crime has always been a more controversial, complicated problem in criminal jurisprudence. In the negative criminal theories, we have many questions to deal, but it is impossible to deal with these questions completely in this thesis. Of course, the most important part is the sources of obligation of negative crime.This article is divided into six parts. The first part has introduced the basic conception of negative crime. And this part has three basic questions to discuss. Firstly, the conception of negative crime is introduced. I propose the essentials of the negative crime by analyzing the different views of the domestic and foreign scholars: 'It is that the man has some kind of duty, but they do not take it.' The second, I discuss the type of the negative crime, and I agree with the views of the domestic mainstream scholars which divides the negative crime into omission and commission. At last, I discussed the development of the theories of the negative crime, including the development of theories of mainland legal system, the normal legal system and our country. Then I made the explanation to some questions.Second to the sixth part of the thesis is the most important. I discussed the concrete theories of source of duty about the negative crime. They are law regulations, the duty or the service request, the legal act, the advance behavior, and I discussed the four aspects. Finally, it is the question about moral duty. Though some scholars approval that the moral duty is the source of the negative crime, I do not agree the view, then I made the explanation why the moral duty is not the source of the negative crime.