On Not As A Crime

Compared with the action crime, the negative crime has always been a more controversial, complicated problem in criminal jurisprudence. In our country, the research of the negative crime is still a weak link. Study on this problem has important academic and practical significance. Beginning with a case in this text, this article conducts the research on this topic deeply with the method which theory research and positive analysis is combined together. The full text carries on the elaboration basically according to the inherent logic of putting forward the question, analyzing the question and solving the question. At first, this text sets forth the historical evolution of the negative crime simply, then sets out from the conception of the negative crime, probes into deed character, kind and norm of the negative crime gradually, and makes more comprehensive analysis to the conception of the negative crime from two respects of connotation and denotation. This text elaborates three sources of obligation from the angle of the source of action duty of the negative crime, analyzes how to judge the establishment of the negative crime from the angle of causality. Finally, to remedy the deficiency of penal code in our country, this article proposes laying down clear regulations of the negative crime in the criminal law. It is also the basic goal of thesis .The main contents of the article are divided into four parts:The first part has introduced the conception of negative crime mainly. At first, this text sets forth the historical evolution of the negative crime simply. Then I discuss the basic theories of conception of behavior, study the conception of omission deeply, and define the conception of negative crime. The negative crime is a kind of crime committed by way of omission, namely, it is a kind of behavior that the actor shoulder specific legal obligation, can fulfill it and default, therefore endanger the society, should be punished by penalty in accordance with the law. In addition, in order to understand negative crime in every way, it is indispensable to elaborate deed character, classification and law norm such as denotation of negative crime.The second part has described the sources of obligation of negative crime mainly. We know that criminal shoulders specific legal obligation from the conception of negative crime. How to assert the forms of the specific legal obligation ? where is the basis? This is aproblem about the sources of obligation of negative crime. There are many disputes in theory about this question. I approve the theory of three sources, that is to say, negative crime includes 3 kinds of obligation sources: the clear defined obligation in law; the required obligation on the post or the business; the obligation that the preceding behavior causes. Among of them, the obligation that the preceding behavior causes is most complicated and difficult to distinguish clearly. This part describes it emphatically. In addition, considering the actual conditions of the present society, the author thinks that it is improper to put the behavior of the contract, voluntary behavior and the moral obligation as the obligation sources of the negative crime.The third part has analyzed causality of negative crime mainly. The causality of negative crime is essential to confirm the forms of the negative crime. It is a difficult point in disputing theories of negative crime that how to distinguish causality in negative crime which is a special kind of crime. This text elaborates domestic and international causality theory of negative crime, analyzes the causality characteristic of negative crime, proposes my opinion that compatible theory of term relation and correspond relation when we judge causality of negative crime. Then I analyze three aspects emphatically on how to assert causality of negative crime concretely.The fourth part has proposed the legislative suggestion of the negative crime mainly. The stipulation of negative crime is not perfect in the criminal law, lead to operate in the judicial practice difficultly. It is a need of theory and practice to legislate it. Among of them, considering the complexity of the impure crime of omission, the author proposes to lay down the law in general regulations and sectional regulations separately.This text on the basis of referring to many research accomplishments, has made preliminary exploration in excavating the writing content and founding the writing system. Because of the limitations of conditions of various fields, this research on negative crime is still not enough in depth, so the analysis in a lot of questions is shallow. The insufficient will be improved and be perfect in further research that will await afterwards.