Qualitative Analysis Of Criminal Law Of The Passing Behavior

It is generally accepted that action, in the field of criminal durisprudence, can be divide into two basic forms, which are crimes of commission and crime of omission.Pure omission is often not as clearly defined as an obligation and not as the main objective behavior in the criminal law, such crimes are easier to identify in the judicial practice.The impure omission, however ,is much more complex, for its core duty of act fail to be regulated in the criminal code, which has to be clarified by non-criminal law, which is inclined to violate the haman rights, and may violate the principle of legality. Therefore, it is particularly important that, in this case, research the source of obligation of the inpure inactive crimes.In this paper, it is discussed that one has the obligation to help him or not in terms of the real source of obligations based on the case studies, when the other who is living in close community faces the danger, in the"close-living-community", when the victims face the danger, the actors are able to perform but without assistance to fulfill obligations, which lead to discuss the theoretical issues of the crime constitution of the impure inactive crimes. in addition to the introduction of the main contents of this article also includes five parts:The first part is the cause of action, that wrongful death case of Lee.The second part is the introduction of the essential case.The third part is the focus of controversial cases, this section lists the main focus of the prosecution and defense issues debate, if the results of a causal relationship between behavior, whether the actor sets up the non-geniune omission of crime.The fourth part is analysis and discussion. This part is the body of the article.It determines the causal relationship,crime and the perpetrator of subjective state of mind and so on in the case, and focus on the sources of obligations of the non-geniune omission. At the same time, it use conditions,quite causality,occasional causality and the objective attribution theory as an analytical tool to make the case comes down. In addition, around the case of qualitative, the article also discussed the distinction between the accident and the fault of negligence, that is ,the key is to see that the perpetrator in the circumstances should have foreseen the occurrence of harmful results.The final part is the conclusions and recommendations. It summarizes the perpetrator obtained the establishment of negligence causing death through the analysis of the previous section. The author finally recommends the principle of how to punish impure inactive crimes. First,when facing the oncoming surge of public opinion,it should dialectically unify the criminal law norms and social sense,which based on the the value of standards of the social community, namely,"common sense, normal feature, common sense", then based on the spirit of"by reason, follow the norms"principle to deal with such action, but, it should be as little as possible to criminal acts of such treatment. Second, the"close-living-community"relationship can serve as an independent source of substantive obligations. In determining whether the actors has a duty, not only to formally prove the relationship between the actors and the victims, but also to substantially examine the relationship between inter-dominated degree of mutual trust.Third, the criminal law of causality is objective, relative and complex. Therefore, when identified the causal relationship of crime, it should be analyzed if the result of that danger in the causal process has been realized. If so, it can identify the relationship between the results and the harmful behavior.