Research On Omission Crime Of Accomplice

Omission, also known as not take in commission, as a basic form of harmful behavior, refers to the behavior the perpetrator failing to fulfill a certain obligation which prescribed by the criminal law should be carried out. And accomplice in concept is in the broad and narrow two senses, in broad accomplice includes joint principal offender, abettor. Accomplice narrowly refers to the instigator, accessorial crime.This article body part of a total of more than30,000words, divided into three parts.In the first part, In the overview section as an accomplice of crime of omission accomplice, and the basic theoretical problems to be explained. From four kinds of behavior of inaction, asserting that should be in the theory of social behavior position recognition of the action of. Not as as the criteria to distinguish between the academia has a lot of ideas, but from the normative sense, is not as and omission should be its are specific legal obligation for reference. Narrow accomplice has always been from the attribute and the independence of judge, the latter recognition based on narrow accomplice from the attribute, accomplice in the constitution, in the subjective aspect of the presence of unilateral accomplice.In the second part, The first case must prescribe both affirmation and negation among the foreign and domestic Criminal Law. In reality, both no commissioner and Abettor exist. But the Abettor has no duty to prevent commission, or they may become the principal offender. For the second case, three perspectives exist among the theoretical circles positive or affirmative, negative, partial positive or restriction for sure. Instigator penalty and the essential characteristics of Abettor decide the non-existence of abetting in commission. The case of penalizing non-commissioner can be treated as omission auxiliary.In the third part, omission auxiliary is the focus of discussion. The affirmation of omission auxiliary is based upon the investigation and analysis of rules and the positive and negative views on it. Its meaning is defined as is the act that people with the duty of preventing others' commission fail on purpose before or during others executing the crime, thereby facilitating principal commission and eventually to violate law.The condition of omission auxiliary from the objective and subjective analysis in specific obligations agree with the four sources including the obligations arising from the law, previous behavior, careers and operations, contracts, obligations generated by the voluntary act, with the omission of the moral obligation to propose omission auxiliary in danger to be penalized. The possibility of auxiliary in the behavior of the principal is another element constituting omission auxiliary. The time prior or during the crime and both the tagline and intangible help are all within the prescription of the commission.The omission occurs only when the harmful consequences can be possibly prevented. In this sense the omission equals commission. The intentional omission instead of ignorance is the feature of the perpetrator. Lighter punishment is supposed to be operated upon the omission auxiliary after examining the punishment model of an accomplice and omission which stipulates accomplice, shall be less and omission to reduce doctrine. To distinguish between the omissions auxiliary and principal, subjective and objective standards are consistent to apply on the papers'evaluation upon theories on accomplice and omission.