The Source Of Crime Nonfeasance

The thesis is divided into four chapters.The first chapter: Through two similar cases that have quite different results ofthe trial, I analysis and explain the importance of research for the source of crimenonfeasanceThe second chapter: the theory of the source of crime of nonfeasance. First of all,I give a brief elaboration on the concept of the source of crime of nonfeasance.Secondly, I briefly introduce the legislative history:“Form Theory and EssenceTheory”, two different versions of the source of crime of nonfeasance in the majorcountries around the world, including the countries of Anglo-American law systemand the legislation of civil law countries. Finally, I introduce the theory of the sourceof crime of nonfeasance in our country.The third chapter: Analysis and research into the source of crime of nonfeasance.Through five different versions of the source of crime of nonfeasance generallyapplied in our country, I respectively expound the theoretical principle of the sourceof the obligation, problem needing to be paid attention. the issue that whether or not“the significant social morality”--one source of the obligation in the academiadiscussion should be incorporated into the source of crime of nonfeasance isdiscussed. The fourth chapter: The reflection of legislation of crime of nonfeasance in ourcountry. First of all, through the analysis of two cases in the first chapter, I introducethe current situation of legislation of crime of nonfeasance in our country. Secondly, Iconceive the legislation of criminal law of the source of crime nonfeasance.I putforward my viewpoint that through the combination of two theories: Form Theory andEssence Theory, and the legislation of the general part to perfect the crime ofnonfeasance legislatively.