Not As Committed To The Establishment Of The Scope Of Research

What are the terms and area of crime by omission? The question is one of the difficulties in theory of criminal law all through the ages. In recent years, the cases of crime by omission are increase in judicial practice. The discussion of the question is increase in the academic circles of criminal law follow that On one hand, aim of criminal law is to protect social security and to make it develop with stabilization and good order, on the other hand , most important of all, to keep social legal interest from unlawful wounding, to prevent government agency from excessive, unjustified abuse public right of state when it punish people who execute serious illegal act The function of the penal code exactly is the unification of protecting the society and guarantee of human rights. Correctly handling their relationship needs not only reasonable explanation and application from judicial practice, but full construction from criminal theories. Therefore, with established in the demand of economical efficiency of the penal code, according to the particularity of the crime by omission, the essay restrict reasonably scope of the crime by omission based on the former theory research. Speak in a specific way, the essay restricts the scope of the crime by omission from three aspects mainly. Namely, the judgment standard in equal-value between the crime of omission and the crime of action, origin of duty of action, causal relationship of the crime of omission. The essay mainly is divided into four parts:The first part primarily discusses the foundation theories of the crime by omission. At first, discussing behavior character of omission. The assay put forward the viewpoint of composite behavior theory after investigating the behavior theories of the Continental Legal System. At the same time, distinguishing act of omission and the action and act of holding established in the evaluation of legal norm and the damage of legal interest Secondly, discussing the essential characteristic of the crime by omission. The duty of action is the factor of the crime by omission. Criminal theories take on the duty of action as essence of omission. In fact, it confuses the conception between act of omission and the crime of omission.The second part mainly discusses the judgment standard of equal-value. The essay...