This article is on the concept of offense of nontypical omission, the constitutive requirements and basic theories of which, and the relations between offense of nontypical omission and 'Doctrine of A Legally Prescribed Punishment for A Special Crime'. To the concept of offense of nontypical omission, the domestic and international scholar has a lot of definitions, what author agree is a kind of popular standpoint. To the important conditions constituting the offense of nontypical omission, in the foundation standpoint that adopt of every kind of domestic and international school thought, the author designs a kind of specially new standpoint. To the basic theories of offense of nontypical omission, the author inquired into the punishment; whether exists uncompleted problem? The relations that with the common crime and the criminal negligence; and the clash that between judicatory explain. The root of studying offense of nontypical omission is that Can't Breach 'Doctrine of A Legally Prescribed Punishment for A Special Crime', so the author uses the very big space to discuss of the relations between offense of nontypical omission and 'Doctrine of A Legally Prescribed Punishment for A Special Crime'. Finally, the author combines together the cases met in the judicial acts of more than ten years with some theories for offense of nontypical omission, and put forward some challenge standpoints. |