Pure Research, Not As Guilty Of The Problem

The non-action crime is not only one great and abstruse theoretical subject,but also one important lejislatic and judicial practive problem, especially offence of typical omission. The author chooses the offence of typical omission as the subject because the study on offence of typical omission is limited in theory. But it is difficult to study offence of typical omission deeply and systemically,so the essey chooses three basic issues.Besides the preface, the full thesis is divided into three parts totally including the concept of the offence of typical omission, the action duty of the offence of typical omission, accomplished offense and attempt of the offence of typical omission.The first part is the concept of the offence of typical omission. Based on the difference between action crime and non-action crime , non-action crime is one person who don't implement the action duty. The non-action crime is divided intothe offence of nontypical omission and the offence of typical omission. The offence of typical omission is composed of non-action and action,and its subject and content being stipulated.The second part is the action duty of the offence of typical omission. From the author's viewpoints,the action duty is the active and specific duty behaviorer must to implement. The duty of the offence of typical omission includes legal action duty and professional duty. The action duty of the offence of typical omission is composed of legal duty and ethical duty. The anthor analyzes the ethical duty critically ,and believes it is not reasonable to penalize someone who doesn't help others forstrong emotional impulse.Besides,this part elaborates the imlementation and the conflict of the offence of typical omission.The third part elaborates the accomplished offense and attempt of the offence of typical omission. From the author's viewpoints,the most of the offence of typical omission is behavioral offense,but abandonment is dangerous offence. One part of behavioral offense have attempt,such as behavioral offense composed of complex behavior. The accomplished offense and attempt of abandonment is resolved by dangerous offence's principle. Abandonment's accomplished modality means behavior menace life and body;if not,behavior is attempt.