On Omission Of The Crime As A Source Of Obligations

Negative crime has been the problem of judicial practice, as well as the more controversial issues of the criminal law Theory, as the source of obligations of negative crime should be the focus and difficulty. This paper examines the theoretical and practical aspects of negative crime's source of obligations.The discussion focuses on the obligations arising by the legal obligations and public order and good customs or public morality seeking to fulfill its obligations under specific occasions.The article said that the obligations including the legal obligations arising from the conduct of the first act, voluntarily obligations and contractual obligations. In special occasions the obligations arising from order and good customs or public morality should also become a source of obligations.This paper is divided into four main partsThe first part is about the outline of obligations in the criminal law, focusing on the concept and characteristics of the obligations of the criminal law.The second component is about the theory comments and analysis of obligation source of negative crime. In the theory of source of negative crime obligations, first, it focus on evolution of the Mainland law system from form obligations to substantive obligations ; it followed by the Anglo-American legal system from the normally deny to the restrictive recognition ; Further, it introduces the theory of the source of the Penal obligations of China and Taiwan regions. Then, it gives some evaluation and analysis of amalysis of criminal ommission souce.The third part is about the analysis of the form and validity of the obligations of negative crime.It focuses on the obligations stipulated in law, required by obligations or business, arose from the legal act, and obligations fullfil in public order and good customs and public morality, actThe fourth is the analysis of negative crime obligations with the judicial practice.