Research On A Number Of Issues Of Impure Inactive Crimes

It is generally accepted that crime is the act of omission in the implementation has a particular obligation as a result of not imp lementing the obligations arising from the consequences of a serious danger to society behavior.Inactive commitment can be divided into two types: pure inactive commitment and impure inactive commitment.Both are in violation of an order of criminal law norms.Impure inactive commitment is not just a breach of the order of norms. Norms appear in the same way also includes the prohibition of the specification. And not as a pure violation committed by the mere existence of the normative order of a magistrate in the specification. From this we can know that impure inactive crimes can be committed in an active or inactive way;but pure inactive crimes can be committed in inactive way only.Since the 19th century, the scholars on criminal law have an in-depth research in the impure inactive crimes. But until today, it is not true of non-awareness of crime is still difficult to obtain consistent.Particularly in the present, the rapid development of social life that often appear in the new case, so impure inactive crimes remains a matter of concern.Due to China's Criminal Code does not specify any particular impure inactive crimes as relevant issues in the judicial practice on how to deal with such crimes lead to a lot of controversy. Disputes in order to eliminate theoretical standardized judicial practice, it is necessary to request the omission of crime is not pure science with the legislation of a very good combination. The author chooses < Research on a number of issues of impure inactive crimes > as subject.In the drawing, the absorption and scholars around the world on non-criminal law is not pure research as a crime based on the crime not as a pure non-core issues and explore appropriate carding:studies the conductive nature,the objective essential,the active obligation and the relationship between conduct and effect,then discusses the legislation of offense of non-typical omission.In addition to the introduction of the main contents of this article also includes four parts: the definition of impure inactive crimes,the relationship between conduct and effect,the source of active obligation,the legislation about impure inactive crimes in our country.In the first part of "non-genuine omission of the concept of crime and the elements", the author is not primarily for non-pure definition of a criminal point of view of three separately analyzed, a clear omission of non-pure concept of crime and to discuss the non-pure not as an objective element of crime.Part two:relationship between conduct and effect. The author analyzes the results not as a causal link between the hazards of the theory point of view, the basis of dialectical materialism on the internal and external causes of the theory, do not come to harm as the result of the existence of a causal relationship between the thesis, at the same time is not summed up the non-pure harm as the result of a causal relationship between the characteristics.Part three:source of active obligation. The author as a source of obligations from the perspective of the traditional start, followed by the obligations of the several sources as: 1. The law expressly provides; 2. Career or job requirements; 3. Legal acts;4.The action befote.Part four:legislation about impure inactive commitment.The chapter analyzes the impure inactive commitment in connection with the principle of legally prescribed punishment for a specified crime,considers it essential to perfect the legislation on impure inactive commitment.After consulting the legislation of other countries,the article gives advice of legislation on impure inactive commitment in our country.