Study On The Source Of Obligation In Negative Crime

Not as a basic form of crime is one crime, not as a theory of crime is the criminal law theory of the difficulties, rather than pure crime is not as difficult of the difficult. As the criminal law did not impure as a crime is not clearly defined, leading to the judicial practice of the impure is not a criminal process is different. Obligation is not as pure as the core issue of crime, our current crime is not as pure as the obligation is not more inclined to study the source or binary real obligation to say, but these studies are only from the theoretical considerations, not China's national conditions. This paper is not pure is not related to a case as a crime as the starting point, combined with China's national conditions, adhere to the formalism proposed as a source of obligations, based on the obligation to improve China's current four-source, in order for the crime is not as pure as the obligation is not theoretical research and practical applications useful reference point.This paper is divided into five parts, of which the first, second and third section describes the cause of action, facts, ideas and controversial cases, the focus of controversy. Taxi driver Li Wenkai occurred in his taxi driving in the rape by Liwen Chen Wang not to rescue the passengers, leading to serious consequences of rape Wang. Through analysis of controversial views and reasons, summed up the case of the focus of controversy, Liwen Kai Wang for passengers in distress have the duty of assistance.The fourth part is the focus of dispute in this case with case on the legal analysis. This is a core part of this paper is mainly a detailed analysis of the case. First and foremost as an act of distinction as standard with a brief description and analysis, combined with the case identified Liwen Kai's behavior is not as; to the impure is not a crime as a source of obligations to make a detailed analysis of several theoretical perspectives, then our country is not pure is not as described crime as a source of obligations of the basic situation, in the fourth source of obligations, based on the combined circumstances of the case, a detailed analysis Liwen Kai's breach of professional duty or obligation requirements, a violation of the obligations of legal requirements, summary concludes that China is not pure not as a source of obligations not covered by the crime four taxi drivers Liwen Kai's behavior, it is not recognized as a driver's behavior does not constitute a crime; the behavior of Li Wenkai re-analysis, although as already found its not a crime, but by the nature of crime analysis and with as equivalence analysis, identified Liwen Kai's behavior with real elements of a crime, his conviction should be punished; Finally, a comprehensive analysis of the whole case, although Liwen Kai criminal behavior have the real elements, but currently no legal basis for punishment, according to the principle of legality, the "cold driver" Liwen Kai's behavior can not be held criminally responsible.Partâ…¤on the remainder of this paper, to clarify that China is not pure is not a crime as a source of obligations of development proposals. Front face is not pure is not a crime as a source of obligations based on the analysis of several theoretical point of view, the actual situation of our country, suggested that we should adhere to the formalism as a source of obligations; obligations for the current four social development can not meet the proposed formalism should be expanded as a source of obligations range, clearly defined on the basis of major moral obligation, moral obligation to include the major, and I believe that should be important to clarify the moral obligations into a source of obligations of views and reasons; also a source of obligations for the shortcomings of formalism put forward in the judicial practice the remedies.