Not As A Moral Obligation To Study The Sources Of Crime Obligations

Obligations of negative crime have long been attracting the attention of scholars in the field of criminal law. Obligations are necessary for negative crime, and many scholars have had a great deal of discussion on the problem of Sources of obligations of the negative crime. The Mainland law system from have form obligations and substantive obligations, while there is no provision in the criminal law on it at home. The problem to decide which obligations are suitable for negative crime becomes the business of theory. The traditional theory of omission obligation, because of it's imperfection, has been challenged by practices. In recent years, the criminal law theory about the source of obligations has increased tendency, and puts forward the specific occasion, relationship and conditions, public order and social morality as the source of obligations. Meanwhile, judicial organs in the face of social series of incidents, whether should be investigated for the criminal responsibility between husband and wife when facing the significant differences. Nay to ordinary facing events that the generation of this kind of phenomenon is not a crime obligations source proposed a new problem. So in order to deepen the disquisition of this problem, the author chooses major moral obligations as object. Maybe it will be the way out of dilemma. This treatise can be divided into five parts.Part one:preface:"Moral crisis" of the criminal law. From facing cases of Pass by on the other side, "moral crisis" laws, then draw out the criminal law as the moral duty crime obligations source problem. I come to my own opinion about the question of moral obligations can become obligations sources or not through the foreign theory and legislation practice as well as the positive and negative said of our country.Part two:Analysis the theory of obligations of negative crime. The Mainland law system from have form obligations and substantive obligations. And the theory of form obligations has a great learning to our tradition to its theoretical breakthrough.Part three:Based on the analysis of the theory to demonstrate a moral obligation into not a crime obligations sources of basis, including the criminal law of value selection, repay foundation, utilitarian basis and prodect of legislation for reference.Part four:the limit of moral obligation to become a crime obligations sources. This article divided into general moral obligations "and" major moral obligations" based on the analysis of a moral obligation. Put forward a moral obligation, should not be commonly included as obligation of major origin, and make finite analysis to a moral obligation. Part five:This chapter from the equivalence principle of the case, it is concluded that this paper re-examining the theme, and puts forward the "help" criminalizes them requirements.