Study On First Act In Omission Crime

Besides the introduction, the thesis includes three parts.Part one: Introduction. In the summery, the origin and history of Antecedent Actions are mainly dealt with. The Antecedent Actions were first recognized by theory, then ascertained by laws, and at last, demonstrated by laws, which shows a transform from full recognition to strict limitation of the foundation to consider Antecedent Actions'generating Negative Crimes as duty. In the theory circle of criminal law, different views can be heard with regard to the reasonableness and foundation of considering Antecedent Actions leading Negative Crimes to duty. And also, in the summery, the meaning and background of author's choice on the topic are introduced, as well as the ways and access to study the topic. The author emphasizes the way of comparative study applied widely in the thesis.Part two: The basic category of Antecedent Actions. First, on the basis of many concepts of Antecedent Actions, the author puts his opinions as following: Antecedent Actions are actions that will generate Negative Crimes as duties. To put it more specifically, the commit of action endangers the legal interest which is protected by criminal law. When the feason and/or guardian don't take positive act to avoid dangerous condition or harmful consequences, they are infringing the legal interest and thus they have arose the duty to avoid dangerous condition and harmful consequences. That Legal Duty to Act of negative criminals is caused by Antecedent Actions. And the author provides details on the characteristics of antecedent action in the paper. The auther believes that antecedent action is the selective element of actus reus, that will help improve theories both on the Negative Crimes and constitution of a crime.Part three;Antecedent Actions generate the evidence of Negative Crimes. On the basis of comparing The moral centered theory and The legal foundation centered theory,The author agrees that it is the requirement of ethics that Antecedent Actions generates Negative Crimes, therefore the generated Legal Duty to Act is ethic duty.Part four:the conditions that Antecedent Actions generate Legal Duty to Act. The generation of Legal Duty to Act of Negative Crimes should meet the following conditions: First, the existence of Antecedent Actions; second, the presence of danger; third, cause-and-effect relationship between dangerous condition and Antecedent Actions; fourth, the capacity of feason and guardian to handle danger. Part five: The extension of Antecedent Actions. The Antecedent Actions are not only confined to illegal actions, but also include criminal behaviors, pupillus'behavior and the way of no-action. It not only includes responsible act, but Self-defense, act of rescue and the act of increasing danger level...