Conflict Of Obligations In Criminal Law

Obligation conflict in the criminal law is that when the actor is asked to perform two or more than two incompatible obligations, performing one obligation inevitablely has to infringe criminal compulsory, so that it may suffer a contradicted obligation state of negative evaluation of criminal law. The objective reasons of this state's emergence are the contradiction of the legal settings and the impossibility of performance, it is a contradition that the actor can not solve or avoid. So, the legal character of the correct choice of behaviors under obligation conflict should be defined as illegal ground for elimination, specific to the theory of our country's system of criminal laws is defined as the legitimate super ground appropriateness. About the obligation in the obligation conflict, the author states the ideas from two aspects of performed and infringed obligations, meanwhile make contact with the obligation which is not as committed to further explain the source of criminal obligations that have been infringed. The definition of the source of performed obligation is also involved in major physical and moral obligations in addition to legal obligations because the purpose of studying the obligation conflict in the criminal law is to protect the more important legal interests and let the behavior which meets the circumstances of a crime but in fact the behavior is not harmful to the society get rid of the crime ring. As for the basis of legal character of obligation conflict, there are discussions among theory of measure of the legal interests, the theory of social purposes and the theory of social correspondence in continental criminal law scholars, and not all these theories are contradicted to each other. The theory of social correspondence is develpoing on the basis of theory of measure of the legal interests and the theory of social purposes, it not only overcome the disadvantage that the theory of measure of the legal interests can not demonstrate the political party spirit of the value and the value of the obligations conflict that can not be measured with and the indistinction of judging standards of the theory of social purpose, but also borrow ideas from the objectivity of the judding standards in the theory of measure of the legal interests and the advantage of highly behavioral value in the theory of social purpose, emphasizing the leqitimacy of purposes and methods, firmly becoming the proof of demonstraing legitimate event of super regulations in obligation conflict. In face of the obligation conflict in criminal law, when the actor chooses high duty instead of low duty, or when the actor faces the obligation conflict of equal value and the obligation conflict that can't be valued, the behavior should chosen on the basis of social correspondence rather than criminal. Even if the actor chooses improperly, he should make it distinct from non-performance in order to reduce the sentence.