The Research Of The Conflict Of Obligations In Criminal Law

In the real social life, as a result of the limitations of insurmountable legal norms, the limitations of human individuals' ability and the diversities of human social roles, the conflict of obligations exist in the social life widely. The theory on the the conflict of obligations has been paied much attention in Germany, Italy and other countries for a long time. In the past times, a few Chinese criminal law scholars paied attention to the theory. However, a increasing number of scholars have given more attention to this issue recently. For a more in-depth study of the theory, the author selectes the theory on the the conflict of obligations as a thesis topic,. This paper is divided into four parts, namely, the summary of obligations and the the conflict of obligations, the definition of the conflict of obligations under the criminal law, the reasonable basis of the conflict of obligations and the constitutive requirements of the reasonable conflict of obligations. There are more than 30000 characters in all.In the first part of the summary of obligations and the the conflict of obligations, the author describes the concept and types of obligations. For the subject of this article, the author elaborates the links and differences between legal obligations and moral obligations; Later, the author introduces the concept and types of the conflict of obligations. And to a certain level, the author elaborates the causes of the conflict of obligations. In the second part of the definition of the conflict of obligations under the criminal law, the author defines the reasonable scope of legal obligations and moral obligations. Besides, the author elaborates the differences between the urgent danger prevention and the conflict of obligations .What's more , the author elaborates the differences between the conflict of legal norms and the conflict of obligations.In the third part of the reasonable basis of the conflict of obligations, the author describes the nature of the conflict of obligations in the civil law system and the common law system. Later, the author gives some comments on the theoreties on the nature of the conflict of obligations .Subsequently, basing on the actual legal situation of our country, the author elaborates the reasonable basis of the conflict of obligations through the social doctrine of equivalence and the modesty nature of the criminal law.In the fourth part of the constitutive requirements of the reasonable conflict of obligations , there are five constitutive requirements in all. Namely, the individual must bear more than two obligations at the same time ;And all the obligations could not be fulfilled completely; And the infringed obligations must be the ones under the criminal law ;And the conflict of obligations are not caused by the individual's acts of bad faith. Finally, comparing three cases about the value of obligations , the author describes how to make a reasonable choice.