Not As Some Problems Of Crime

The non-action crime is one of the basic forms of the crime of objective existence, which has itself independent position and values both in theories and in practices. Though modem criminal jurisprudence make intentional Action crime center and built up a huge system which tries to accept the whole phenomenon and problems possibly emerging, it is not enough for the Non-Action crime: Therefore, it has become a important topic for criminal jurisprudence system that make the non-action crime go into modem criminal jurisprudence system which focus action crime .The modem legal society whose basic principle is solidarity and cooperation demands the member of the society to be honest and coadjutant to realize the legal purpose of justice and equitableness. Hence provisions concerned the duty of action in the penal code gradually increase and the Non-Action crime extend continuously in criminal legislation. Because there is not definite provision in the penal code and explicit law foundation to follow for lawman and legal consciousness to obey for the general citizen, it is very tough in legal practice and circumstance resulting in false qualitative analysis often occur. Therefore, It is urgent to study the Non-Action crime in legal practice. In this thesis, the author makes some comments on the non-action crime from criminal jurisprudence angle by explaining several aspects about it, such as concept, important condition of establishment, judgement standard between omission and commission, the behavior nature , classification, equal-value, causation and base of the duty of action.The full thesis is divided into eight parts totally.The first part is concept and important condition of establishment of the Non-Action crime. First the author puts forward her own definition about the Non-Action crime through analysing concepts of national and international educational circles, and then generalizes its characteristics through analyzing its important condition of establishmentThe second part is judgement standard between omission and commission. The author puts forward judgement standard between omission and commission through comparing all kinds of standard and protest that the best method to differ them is taking the certain criminal duty as medium by the legal criterion theory.The third part is a study about the behavior nature of the Non-Action crime. The author analyzes and discusses that omission also has the behavior nature through analyzing Chinese and Foreign.various behavior theories, and then place the configuration of omission in behavior concept.The fourth part is the action duty of the Non-Action crime. First the author analyzes and discusses its position, points out that the theory of the action duty is in the most important position in the theory of the Non- Action crime, and then discusses the concept, property and characteristics of the action duty. The most important is that the author expounds the source of the action duty from its form factor and essential factor through comparing and discussing development and evolvement the theory of the source of the action duty.The fifth part is the classification of the Non-Action crime. The author points out that it is scientific and realistic that divide the Non-Action crime Into the offence of typical omission and the offence of nontypical omission through analyzing the classification of the Non- Action crime in different countries.The sixth part is the offence of typical omission .The author analyzes and discusses important condition of establishment and relevant controversy problems of the offence of typical omission.The seventh part is the offence of nontypical omission. First the author analyzes and remarks its various definition of the educational circles, dicusses important condition of establishment of the offence of nontypical omission, and then conciliate Principle of Legally Prescribed punishment for A Specified Crime and the punishment of the offence of nontypical omission. In the end, she discusses its norm structure.The eighth part is the causation of the Non-Action crime. First the author generalizes the causation of omission, introduce its characteristics of the causation of the Non-Action crime, and then proposes its judgement standard.