A Study On The Conflict Of Obligations In Criminal Law

The conflict of obligations in criminal law is usually introduced and explained as a branch of super-law grounds for elimination of criminality in theory of Continental Law System. After induction,the discussion about this topic mainly focus on concept,features,conditions of establishment,scope of obligations,classification,legal nature,principles,etc.. It seems like that the vision is narrow,and the ideas are simple. Against the above-mentioned deficiency,the concept of the conflict of obligations in criminal law can be revised by establishing three basic premises and integrating four constituent elements.Meanwhile,it needs to distinguish between legal fact and legal evaluation in order to understand the conflict of obligations in criminal law comprehensively and correctly,which makes it necessary to explore occurrence basis and study legitimate basis.On legal fact,as to formal occurrence basis,the complexity of obligations involved in the conflict and the people' s biased choice which is in the conflict situation become a combination;as to substantial occurrence basis,the diversity of targets which are protected by obligations and the people who is the existence of limited rationality become a unity.On legal evaluation,from the angle of crime,impeding illegality bases on the theory of social worthiness,diminishing responsibility bases on the theory of anticipated possibility;from the angle of penalty,reasons for inhuman retribution and micro-validity utility also exist.In the context of Chinese criminal law,the evaluations on illegality and responsibility can be distributed among subjective elements of a crime and object of a crime according to the Chinese crime constitution,so the theory of the conflict of obligations in criminal law seems unlikely to be completely independent,but there are also two paths of localization,that is,to apply Article 13 of the 1997 Penal Code or to be acted as multi-functional lenient circumstance for sentencing.Thus, the theoretical picture and practical effectiveness of the conflict of obligations in criminal can be further carried out.