Research On Obligation Resources Of Crime Of Pseudo-omission

It is hard to convict for offense of nontypical omission in juridical practice owing to no relevant stipulation in criminal legislation. This is a contradiction between legislation and judicatory. As a bridge between 'act' and 'omission', the duty to act plays a pivotal role in the theory of crime of omission. The duty to act of nontypical omission, which differs from that of genuine-omission, is the obligation of positive behavior in preventing the occurrence of certain results. The duty to act belongs to the area of conformity of criminal constitutive elements. There exists a theoretical evolution process of the theory about the origin of duty to act. It has developed form to substance and then to combination of the above two. On the basis of analysis of various theories, the article proposes that the source of act duty of offense of omission should be confined of criminal legislation, voluntary commitment to conduct, antecedent actions, and close co-relationship.