Not As A Crime Study

In the research of the theory of criminal law, the crime of omission has always been a knotty problem. Because the duty of action is clearly stipulated by laws and regulations, there are few problems in the sphere of the genuine crime of omission, which mainly focuses on whether the genuine crime of omission is fulfilled or not. This thesis holds that if it is classified from the normative point of view, there is no abortive genuine crime of omission. As to the pseudo crime of omission, this thesis first analyses the subjective existence of the causality of omission crimes and puts forward that we should consolidate the causality on the basis of ontology in accordance with the general social standard. As for the relationship between the pseudo crime of omission and the principle of legality, this thesis holds that lawful definitude is relative, that letting the guarantor explain the pseudo crime of omission is only the definitude at present. On this basis , the author come to a conclusion that the essential difference between these two ideas is which is the first: the justice or the objectiveness of the law; then the author introduces the flexibility of the principle of legality. When discussing the relationship between the pseudo crime of omission and the analogical explanation, this paper distinguishes the differences between the analogical explanation and rational explanation, affirms the inevitability of the existence of the latter. On the question of omission of duty, especially that of grasping the quiddity origin of duty, the author thinks that there will be a break between the other people and the...