Not Pure Theory Is Not As Guilty Of Such Set

The equivalence of impure negative crime is the mainstream of the theoretical research on impure negative crime in the Continental law, and it refers to the criminal law question whether negative crime constitutes the same crime as positive crime, or whether they can be assessed based on the same constitutive elements. It is generally presumed by the legislature and legal scholarship in various countries that impure negative crime is punishable and mostly punished according to laws and regulations on positive crime, but it remains unsolved whether such practice contradicts the principle of legally prescribed punishment for a specified crime. If not, what circumstances authorize the punishment of impure negative crime based on the constitutive elements of positive crime as prescribed in the criminal law? Can impure negative crime be an equivalent of positive crime? If yes, what are the criteria for their equivalence? There are ongoing theoretical discussions regarding these questions. China's criminal law theories have always considered the action obligation as the core essence of negative crime, and research on impure negative crime has also been concentrating on the debates of the foundation, scope and content of the action obligation. Research on the equivalence issue remains inadequate, in terms of undefined boundaries and undetermined criteria. Therefore, I have selected this topic as the subject matter of my thesis, and attempt to formulate the judging criteria for the equivalence between impure negative crime and positive crime.The introduction of this thesis analyzes related legislation in some foreign countries, divides the world's legislation on impure negative crime into three categories, and articulates the history of legal theories of the equivalence of impure negative crime with emphasis on the significance of Germany and Japan's legislative practice to the research.Apart from the introduction and conclusion, this thesis is comprised of four parts. Part I analyzes the concept of impure negative crime and clarifies the concepts of negative crime and impure negative crime from the perspective of defining "negative,"and explains the meaning of the equivalence of impure negative crime, i.e. how impure negative crime and positive crime constitute the same crime, or how to assess interchangeably impure negative crime and positive crime. Then analyzes the normative structure of impure negative crime and points out impure negative crime's violation of the ordering norm, in order to derive the questions of how to punish impure negative crime, which violates the ordering norm, based on the constitutive elements of positive crime, which violates the forbidding norm, and its contradiction with the principle of legally prescribed punishment for a specified crime, for which the author demonstrates a possible reconciliation from the perspective of a moderate principle of legally prescribed punishment for a specified crime.finally a case is provided to demonstrate the importance and urgency of such research. Part II elicits the core question of the equivalence between impure negative crime and positive crime, analyzes different views that are in support of or against the equivalence, and then affirms impure negative crime's property of equivalence with positive crime by distinguishing equivalent punishment from equal punishment. Analyzes the development of equivalence theories to demonstrate its harmony with the theories of negative crime itself and therefore the focus of research on negative crime as punishable negative crime, especially impure negative crime, and characterizes the three phases of research on impure negative crime: causality theory, illegality theory, and constitutive element theory. Part III the author compares and weighs the advantages and disadvantages of subjective and objective criteria of equivalence to arrive at a unique standpoint on the equivalence with respect to the object, subjectivity ,subject and objectivity of the crime. Finally, in Part IV, the author take three cases as an judicature example to analysis of indecent idenfication from every perspective in the practical way.