Not As A Criminal Source Of Obligations

The non-action crime is the core of the theory of the non-action crime and the basis of judging the non-action crime. Compared with the activity of the non-action crime and the causality of the non-action crime, there are no enough research on the active obligation of the non-action crime. The article probes into the main respects of the active obligation,including of its concept, the range of the source and the determination etc. The author thinks that there are four pieces of active obligation and talks about the four obligations respectively.The preface mainly includes of the thinking of the article and the meanings of researching the active obligation of non-action crime.The author divides this article into five parts. The first part is on the ordinary theory of obligation, the source of active obligation and the development of the source of active obligation. The source of active obligation is preface of the non-action crime and determines the range of the non-action crime. We should be cautious of researching the source of active obligation. We shouldn't expand the source of the duty. The morality obligation and the ethical obligation should not be considered the source of the duty of the non-action crime,From the second part to the firth part mainly talks about the source of the active obligation. The duty in explicit terms be the the source of the active obligation should accord with two conditions, its setted in law and the criminal law setting it into crime. About the duty demanded by vocation, we should rightly undstand the meaning of the vocation, the timing of the duty and the range of the duty etc. The duty caused by antecedent act is complicated. We should be cautious of the conditions of the antecedent act. The antecedent act doesn't include of the criminal act. The duty caused by legal act mainly includes of the compact act and the voluntary act.