Discuss The Source Of Omission Crime Legal Duty To Act From Song's Arson Case

In criminal law theory, all the problems are not all as a crime based on a particular obligation, the decision not to criminal can be set up as well as the nature of crime are the main basis. Not as committed as a source of obligations is a very important part of a great theoretical and practical value. This article started from the typical case, the omission of a source of obligations for analysis. Jurisprudence of our country is not a crime as a source of obligations as the scope of the definition of different opinions, did not form a clear result. Cases processed in the practice of non-criminal origin as it is very important to define the scope, and it is a problem often encountered the trial. To study this question must be integrated with their in-depth analysis of actual cases, the author of the actual case studies as the source of the obligation to put forward their own opinion in the hope that the relevant theoretical research and practical trials provide valuable information.Omission of the "specific obligations" is not a crime of the most important, it reflects not the basic facts of the crime as a crime, and components. Not as guilty as the scope of the obligation, domestic and foreign scholars have different views, our four academic mainstream view is the source said. Based on the analysis on the basis of this theory, the case in judicial practice and the theory of criminal law scholars to present their point of view.Paper is divided into introduction, body and conclusion of three parts, of which the body is divided into four parts: The first part is from the real case, described a typical case, simply do not lead to crime as a source of obligations as a question of practice and theory as the obligations of the conflict, disagreements.The second part is not as an obligation of the related interpretation of the theory of the case analysis provides a theoretical support for including the omission of the concept and composition of the conditions and obligations as a source of theory, this theory includes four main sources of sources:the law expressly obligations under the requirements of professional or business obligations, the obligations arising from acts first, the legal obligations arising from acts.The third part is the traditional classification as a source of obligations reflection case is encountered in practice as a source of obligations in the form of classification of the new situation and new situations as a source of obligations theoretical analysis.The fourth part is the case of a source of obligations.Because China is in the social transition, as the content of the obligation is undergoing profound changes. As a source of obligations but also presents a mixed trend, criminal law can not be cited as an obligation expressly provided style. In this paper, the theoretical world views and the other four sources on the basis of theoretical analysis, with case of not as a crime as an obligation to discuss and put forward their point of view, in order to contribute to the modest practice trial.