Research On Negative Crime

From behavior is nominal, it is criminal to be able to divide into crime actively and negative crime. Because of the negative crime complexity, for its concept criminal law, clause has not also stipulated clearly, therefore theoretical circle has different viewpoint for this. This paper utilizes the method of historical method and comparison, go deep into relatively careful have discussed process of evolution of negative crime; The duty of negative criminal action and its source; The relation between cause and effect of negative crime; non-typical negative criminal and crime criminal law of form to decide principle; About negative crime, have made new legislative suggestion.The first chapter has summarized evolution of negative crime. Have listed domestic and international about theory of negative crime, the conception of negative may be defined, negative is the person that the duty has action does not carry out his action, it have social harm in principle, usual external performance is " negative " or " static ", because it have had been specified as duty to melt in, in negative criminal relation between cause and effect, make or let pass unchecked to endanger the role of result, in the aspect of negative behavior, have discussed some kinds of behavior theories that have greater influence, on think negative objective may perception with subjective and fault has explained fully negative have behavior. Negative crime denotes the person that the duty has action and having been specified, that can fulfill duty but do not do it, thus harm society, should get punishment in accordance with law the crime set up. Chapter two has investigated classification of negative crime, comment on negative criminal standard structural theory. It is theoretical according to popularity that may divide negative crime into non-typical negative crime and typical negative crime .When negative criminal standard structure on, Think that negative crime has violated the rule of order natureChapter three has elaborated duty of action and its feature, for domestic and international various theories as duty source theory comment, point out countries negative criminal the development tendency of duty theory and its research in crime focal point, have elaborated the form source as duty of action concretely.Chapter four has discussed negative criminal relation between cause and effect, listed various theories concerning negative criminal relation between cause and effect of our country and continent-law country and comment on it ,at the same time it has been summed up that the characteristic of negative criminal relation between cause and effect , and show with chart for the negative criminal chain of relation between cause and effect. The author thinks that negative crime has relation between cause and effect, but negative behavior is external reason of defect in the development change that arouses harm result. Negative behavior and flaw of object of victim aroused harm result together Negative behavior mainly let or make a kind of dangerous state in relation between cause and effect through the internal reason of the flaw of object of victim takes effect for harm result under and when specifying environment, can often play the part of major decision to take affect.Chapter five thinks non-typical negative crime and principle of definiteness and principle of analogy explanation in principle of nullum sine lege have contradiction, put forward through the theoretical explanation of criminal law with criminal legislation is solved for this .at the same time comment for the various theoretical explanations of criminal law, have put forward legislative suggestion of negative crime.