On The First Behavior In Criminal Law

With the continuous social development, people’s behaviors express in various ways, and in judicial practice, the new types of negative crime have been gradually diversified. While in the negative crime, we have to provide a positive obligation with the doers, which should be regarded as a prerequisite. Therefore, the origin of obligation plays a core role in the negative crime. Compared to other origins of positive obligations, the antecedent act is the most complicated, arousing much more dispute than others. Based on those above, this article aims to take deep research on the origin, make-up and scope of the antecedent act theory, put forward a proposal about the legislation and justice of antecedent act, hoping that we could lay down clear rules on the recognition of antecedent act in practice while diversifying the antecedent act theory. Through these approches, we are able to better solve the questions about arbitrariness and randomness in judicial practice and protect and maintain our nation’s judicial authority.This article mainly does a research on antecedent act in negative crime by two ways below:1、Comparison Analysis. This article is based on quotes from diferent scholars, it gives comparison analysis to question of antecedent act theory, absorbs their merits and dismerits, and offers its point of view on questions about relative theory. Meanwhile, it introduces the module of legislation, associates with the legislation conditions from countries, compares and analyses legislaton of antecedent act, and gives its own opinion on it.2、Example Illustration Analysis. When it comes to the questions about the proof and the analysis in practical use, this article is able to make the relative theoretical proof more vivid and my opinion more persuasive through example demonstrations and relative quoted cases.In this article, author tries to mainly focus on the next two aspects:1、Question about recognition of antecedent act, which is also called question about prerequisite and range of antecedent act. There exists a hot argument about prerequisite and range of antecedent act in positive obligation. because it is related to how to define crime and noncrime in criminal law. Questions, including how to make antecedent act turn to concrete act and lead to relative act obligation, whether main part of antecedent act includes third person except for antecedent actor, what’s the scope of antecedent act, and whether it includes legal acts or criminal acts, justifiable defense or act of rescue, have been regarded as key points and difficult points, but they are also the difficult and innovative points in this article.2、Questions about legislation of antecedent act. Whether China should make law against antecedent act, and if the answer is yes, what ways for China to adopt to legislate among the modes of general rule, the part rule,or the fusion of general and part rule modes. In practice, how to convict and measure is still a demanding task for us to study and explore.