The Research On Several Questions Of Omission Crime

In the field of criminal law Study,the omissional crime,in particular the untrue omissional crime,has always been the focus of research.However,it is not as a systematic study until 19 century.Westphalia is one of the first researchers,in his view,omissional as a form of crime can also be carried out,and the discussion of epoch-making is significant. After a lot of scholars for their unremitting exploration,it has achieved gratifying results. However,the omission in the study,the question we will encounter is that:For the concept of omission crime is,how to distinguish it,as well as the obligation not to act as the basis for that.if these issues haven't been clarified,we will not be able to do more to explore. in judicial practice thare are a lot of questions.Therefore,many scholars began to study the theory and form a different opinion.Therefore,exploring these questions,it is not only the progress of criminal law theory,but also required the application of judicial practice.In this paper,it is divided the following parts:1.the Question of omission crime concept.In Criminal theory of Germany and Japan,the definition omission crime is from formal logic,which has a simple and intuitive features,but there are a lot of problems.Domestic scholars explore concept from the real start date with the German criminal law scholars in the definition of methods,both emphasizes the obligation as established in the omission of an important position,so that the method is the definition of scientific.However,its limitations is also very clear.As for what the obligations are divided on this issue,some scholars consider that that is specific, and also insist the view that it is necessary for legal and social obligations,there is a lot of different points of view.Therefore,the definition of the above-mentioned method of summing up the strengths and weaknesses,based on a combination of form and substance of the definition of methods,the author believe that it is not as an obligation to carry out specific legal obligations,and they needen't be able to perform the benefits of the acts of damage.The definition of such methods are scientific,and it avoids the substance of the definition of the form on the definition and limitations.2.the distinction standard for Acts and omissions.Modern criminal law theory holds that crime is a behavior that is to say,no acts,no crime,which is not an argument for our criminal legislation in our country and the criminal law theory.Criminal acts,as a foundation,is divided into acts and omissions of the points,with this adaptation,it is divided into as guilty of crime and omissions committed.As a lot of scholars do not distinguish the standard of the question as a theoretical study,it achieved substantial results. There is physical movement that actively negative attitude that the causal relationship that the social significance of that value.However,these traditional theory has its deficiencies, which has faced more and more severe challenges.In particular Germany and Japan,there are very strict laws about the content from the form of accurate and applicable to the country in perfection,for acts and omissions of the distinction between the theory and practice,further study is necessary,first of all,acts and omissions of crime,are not taken as guilty of the concept of the difference between these two groups on this basis,the acts and omissions distinction criteria are the legal obligations.Legal obligations to the presence or absence of acts and omissions are taken as the distinction standards to avoid the above-mentioned inadequacies of the theory.Therefore,even if there is at the same time acts and omissions of the existence of circumstances,by analysis of the content of obligations,it also can distinguish clearly between Acts and omissions.3.the obligation foundation of omission crime,the obligation foundation of omission crime are not as committed in accordance with the focus of the study,scholars at home and abroad as the obligations can be the basis of many studies carried out.Some scholars believe that take the Act,the law and to act as the obligations which are not in accordance with this in theory,and is called as a form of obligation to the methodology or form of one-third said.The theory is not to restrict any expansion of the scope of a crime,there are extremely important.However,as a form of obligation,it should not reveal the substance of what is,as the obligation can not be completely listed.Based on the above disadvantage, some scholars have put forth a real obligation to the theory as the theory to some extent which make up for the shape of the defect as a theory of obligation.However,the essence of the theory are obligations,such as non-specific disadvantage.In conluction,based on the above-mentioned theory,the author has made concrete form of obligation in accordance with the obligations.Unity saying believe it could have been avoided as a form of obligation to the theory and it can not be said as clearly what the obligations are based on the content,but,as a real obligation,it is meaning to avoid the ambiguity of theory and distingish omission crime.