On Obligation Conflict Behaviour

This article, which contains five parts and about 36,000 Chinese characters,lays dissertations mainly focus on the obligation conflict behaviour in criminal law .Chapter I from the basic concept of the obligations conflict ,through the analysis of criminal law the concept of obligation to the conflict with the obligation conflict behaviour in contact with th distinction between criminal law defines the obligations of the connotation of the conflict.After analyzing the concept of obligation for the further understanding of the conflict, in accordance with the obligations of different manifestations the conflict,the obligations of its divided into different types. at last, explore the legal obligations of the causes of conflict.Chapter II discusses the elements of conflicting obligations behaviour,the essential factor must conclude five aspects:the individual must bear more than two obligations at the same time ;And all the obligations could not be fulfilled completely;and the infringed obligations must be the ones under the criminal law ;and the conflict of obligations are not caused by the individual's acts of bad faith.finally,the author must make a choice under the conflict of obligations.Chapter III defined the nature of obligation conflict behaviour with the three representative viewpoint,combined with china's actual conditions,the obligations of the conflict in the nature of correct selection attributed to super-legitimate reasons;the nature of false selection under conflict of duties attributed to discretionary wide punishment plot.Chapter IV through the presentation of the conflict on the obligation to justify acts in accordance with the three representative viewpoint.including ,"legal interest balance","intension principle",and"social correspondence principle",According to the author,the above theory has deficiencies, the solution is to establish on the basis of the legal interest balance,combined with the social correspondence principle to fully solve the legal quality of legitimate action under conflict of duties for elimination of illegality.Chapter V discusses how to give a judicial decision face the different obligation conflict behaviour .Obligations established under the correct choice of conflict behaviour ,in addition to the conflict have the obligation to set up the elements, but also need to have two legitimate objective and subjective factors.To enhance its maneuverability ,the conflict in the obligations of the legitimate objective of elements.described in detail on the obligations of the conflict to measure the value of the general theory as well as specific criteria for judging. In addition this chapter also demonstrated that the obligations of non-conflict situation to choose the correct behaviour .Conflicting obligations under the wrong choice acts. In the summary of the concept of this behaviour based on the focus from both objective and subjective analysis and use it as the basis for his conviction sentencing recommendation.