Conflict Of Obligations In The Criminal Law Research

The law has lagged behind because of complex life and numerous law. it may be exhaustive of all the phenomena of life, which led to some objective phenomena not be included, such as obligation conflict. There are many disputes in the obligation conflict, although the scholars has done depth study in Germany and Japan. there is still much room to explore in that criminal law scholars in obligation conflict starting late and very few academic papers related. In our country there is no obligation in the law of the relevant provisions of the conflict, but it is an objective of the obligation to study the conflict is of great practical importance, very necessary.In view of these considerations, I chose to conduct a study of obligation conflict. In this paper, a conflict between the obligations in the study are divided into five parts, which are an overview of elements of conflicting obligations, the source of obligations, obligations of the conflict in the theoretical basis of innocence and the nature of the obligations, under the proper conduct of conflict and non-proper conduct. In this paper, read at home and abroad when writing academic papers related to the book, a comparative analysis of a variety of theory point of view, for a number of controversial issues and his views have been argued that Qualcomm has been formed for some of the issues that carried out from different angles perfect. In this paper, the focus and the difficult is not guilty of conflict of obligations of the theoretical basis and source of moral obligation. The author benefits from the Act that the measure of departure, and can be either a provident society, said the purpose of fairly said that the value of analysis concluded that the obligation has been violated by not more than the value of obligations, the act negates crime, crime in our system I believe that lack of social harmfulness of acts, it negates criminal. Obligations in the conflict can not determine the value, the value presumed to be such as to fulfill any obligations are legal. Obligations in the conflict can not determine the value, the value presumed to be such as to fulfill any obligations are legal. Innovation of this article is: not as an obligation to deal with as the obligation to whether or not the event of a conflict, by scholars often cite the case of an analysis of the conflict can not come to the conclusion that the situation remained as such obligations and not as a conflict of obligations. . By the nature of the obligations of the theory of conflict analysis, concluded that the obligations of the conflict in the criminal system is a super-regulatory status of the legitimate reasons.Obligations conflict theory include a very wide-ranging and need for deep theoretical knowledge. I know that my theoretical foundation was far from academic attainments. I hope this paper can be helpful for the legislative and judicial practice of China.