Study On Obligation Action Of Nontypical Omission Offense

Nontypical omission offense in China mainland criminal law does not expressly provide, but from the criminal law and judicial practice, nontypical omission offense is to be hit by crime in our country.Because obligation action is the key to the establishment of nontypical omission offense, so it’s significant to study of the obligation action.This article includes the following three main areas of content:The first aspect,I firstly examined the basic problems of nontypical omission offense,I clarified its connotation,its nature,its contents and its position in the criminal system. At the same time,I simply summarized the differences in obligation between the pure omission and nontypical omission. On the basis of obove,I from two angles (one is prohibition of interpretation by analogy,the other one is the clarity of the criminal law) demonstrated the relationship between obligation action and the principle of a legally prescribed punishment for a specified crime,and got the conclusion that punishing nontypical omission offense is not against the principle of a legally prescribed punishment for a specified crime.The second aspect,I introduced and analyzed the origin of obligation which have gone through the developmental history from formal theory to essential history.Then I gave a view of unifying the formal and essential theory.The last aspect, due to the traditional four sources said plays an important guiding role in judicial practice,so author deliberately made a summarization about the problems that offen occur during the judicial determination process of obligation action,and answered the questions reasonably by cases. Taking into account traditional four sources’shortcomings in protecting legal interests,this paper put forward an idea that to extend the four sources said appropriately, namely close community relationship should be considered as one of the origin of obligation.