Not As Some Problems Of Crime

The negative crime has always been the focus and the difficult point in criminal law fundamental research. It has lead a fierce discussion and has achieved considerable results surrounding the concept of negative crime ,the relation between non-typical negative crime and the principle of crime criminal law, the source of duty of negative crime and the cause and effect of negative crime and so on. The author wants to get a basic understanding and grasp through sorting out these issues systematically.This article is divided into four parts to discuss negative crime.The first part is the outline of negative crime. The author carries on the macroscopic analysis from the negative crime concept, the characteristic, the classification and wants to get the foundation to take further discussion.The second part elaborates the contradiction of the non-typical negative crime and the crime criminal law principle. Many countries acknowledged non-typical negative crime and the punishment possibility in criminal legislation and criminal theory. But majority country's penal codes have not given this question to be clear. In this situation, punishing the non-typical negative crime in theory would conflict the crime criminal law principle. Based on this kind of contradiction, the author attempts to seek for a feasible way to this situation.The third part elaborates the origin of duty of action. The premise of establishing negative crime is that the person has corresponding achievement duty. The origin of duty of action always is the center of negative crime research. Through elaborating the relative theories of the form achievement duty origin and the substantive achievement duty origin, the author thinks that the definite standard of the achievement duty origin of negative crime should be synthesized the form and the substantive standards.The forth part elaboration is the relation of the negative crime and the harm result. Through reviewing the Chinese and foreign criminal theory regarding the negative crime, the author believes that the negative and the harm result have a certain relation. But based on standard principle standpoint, only the volunteer whose negative action lead to harm results needs to be punished.