| It has severe social harmfulness to pass by on the other side. It is so "Heaviness" that the Morals bottom line cannot to bear. Though it has been established as a form of crime in the criminal law, there is also new problems appear in academic, because of the new patterns. Since it is not a crime in the form of obligations as a source of the first acts of theory, in a legal basis to a specific element and the demonstration of the lack of necessary; Resulted in specific judicial practice in the handling of the case easily biased to two extremes: either cognitive behavior at first timid, improper narrowing its scope , those which should not bear criminal responsibility as an escape penalty of sanctions, objectively indulgence criminal acts; first wanton acts or expand the scope of criminal misconduct caused swelling violations of the legitimate rights and interests of citizens.Faced with such a predicament justice, we must first act in a clear theoretical justification on the basis of norms in the sense of context for the first Components, started by specific jurisprudence, the first act on the scope of reasonable restrictions. This paper from the cognitive nature of the first act, through the Criminal Code of foreign first established in the context of the obligations of a legislative intent to seek first established in the context of the obligations as a basis of legitimacy; And in this first act on the basis of theory and principle of legality, and the Penal Code of Modesty blame the inherent tension between responsible. Secondly, the cases demonstrate through concrete judicial practice in the first of cognitive difficulties and tried to standardize law in the path, the real danger from the state, the dangerous state of cognitive possible, the urgency of aid and causal relations, seek meaning norms of the first acts of a situational elements. Finally, the context of the first acts may form specific cognitive behavior of the first and through specific case analysis to reflect on the first of several special situations morphology, such as self-defense, and emergency hedge and accident. |
