Study Of Obligations Conflict

This paper is divided into the introduction, body and conclusion of three parts.In the introduction, the author points out that the reasons that of limited resources of the actor and the lack of resources may lead to an emergency in which an actor cannot perform simultaneously several incompatible obligations and the phenomena impel us to study the fundamental problems demonstrated in the main body more deeply.The next part is the main body of this paper, which includes the following four parts.The first part discusses the overall summary of conflict obligations. Firstly, on the basis of demonstrating the objective existence of obligations conflict, the author definite its conception which is that when the actor takes on several incompatible obligations, he or she chooses to perform legal obligations or the major moral obligations and then cause the harmfulness of the legal interest which is protected by the criminal law. Secondly, Because of the complexity of the legal system, the actor may be requested to perform a few obligations simultaneously. However, the reasons that of limited resources of the actor and the lack of resources may lead to an emergency in which an actor cannot perform simultaneously several incompatible obligations. Thirdly, the author demonstrates the existent formalities.The second part discusses the factors of establishing conflict obligations. An action can be defined conflict obligations which should conclude the following five factors:(1)the actor takes on several obligations simultaneously,(2)the several obligations are incompatible,(3)the occurrence of conflict obligations can not be blamed to the actor,(4)the action causes the harmfulness of the legal interest which is protected by the criminal law,(5)the actor chooses the right action. In the factor of the actor taking on several obligations, the author focuses on defining the scope of criminal obligations and moral ones on the base that obligations are divided into the ones complied with and infringed:criminal obligations can be the source of both the complied and infringed ones, but the moral obligations can only be the source of the compiled ones. Meanwhile, the author defines the scope of the major moral obligations from both the positive and negative aspects.The third part discusses the legal nature and legitimacy of obligations conflict. On the legal nature, it should be put on the position of one of the legitimacy actors which belong to the super code because it is very different from the act of rescue and act according to the law. The next problem is to expound its legitimacy, on which the author adopts the resistance of illegal. For the reason that Chinese criminal system are very different from the continental law system, I expound the legitimacy of obligations conflict in the system of Chinese criminal law.The fourth part discusses the selections under the situation of conflict obligations which contain the legal and illegal ones. Firstly, on the legal selection, the author focuses on the concrete judging of the value. As a whole, we can judge the value according to the legally prescribed punishment. However, because of the defect of the method mentioned above, if we want to conclude reasonable judgement, many other factors should also be taken into consideration. For another thing, subjective aspect should also be the factor of the legal selection. Secondly, the illegal selection includes the wrong and not selection., and the author offers proposals on the conviction and sentencing.In the conclusion, the author summarizes the key point, difficulty and innovation which correspondingly contains the factors of establishing conflict obligations, its legitimacy and so on.