Negative Crime Research

Not as the crime is the objective existence of the crime is one of the basic form, in both theory and practice has its own independent status and value. Although modern punishment law to intentionally as committed as the center, established a trying to accommodate all possible phenomena and problems of the massive system, but, for not as make, but it is still not show. Therefore, how to will not make such as criminal pattern belong to make as the center as a modern system of punishment law, become punishment law system faced a big problem. With the solidarity and basic principle for modern legal system of social, require a social members credit honesty, cooperation, in order to achieve the purpose of the laws of fairness and justice. So in the criminal law as a person the duties of increasing gradually, not as a crime in criminal legislation in the growing trend. Because of the criminal law as a crime no clear rules, regulators may follow the legal basis of enough of its affiliated enterprises, general citizens have the obligation to abide by as the legal consciousness, in the judicial practice and often feel awkward, the qualitative errors occur occasionally. Therefore, the study on crime is not as judicial actual of urgent need. In this paper the author of punishment law vision, never as the concept of crime and established condition, inaction and the judgment standard, not as a crime, classification, and behavioral value sex, as well as the causal relationship between the occurrence of obligation according to aspects of the crime as discussed.This paper is divided into three parts, never as crime behavioral, not as a crime as obligations, not as a criminal judicial practice to comprehensive paper not as a crime, not as a crime to do some research, let citizens can more in-depth understanding of not as a crime, to citizen’s behavior some guidance, through to the not as the practice of criminal justice, to let more people know not as a crime.The first part of this is not as crime behavioral problems, through to the Chinese and foreign various behavioral theory analysis evaluation, and demonstrates not as also have behavioral and not as a form of behavior in the concept. This section also explains not as crime and as the differences of crime, the paper expounds the legislation as a crime shortage and improve.The second part of the paper is not as a crime as a duty, first by to Chinese and foreign academic circle on the analysis of the concept as a crime not evaluation, and put forward its own as the definition of crime to, and then to not as a crime by established condition analysis, summarized the characteristics of as crime. Secondly analyzes the theory of criminal law countries to not as the classification of the crime, and points out that, will not as pure as not crime into crime and not pure as crime is not scientific and realistic significance. Finally demonstrates not as the crime of their status as a duty, and points out that as the obligation theory in not as a crime in the most main position in theory, and then to the concept of the obligations as, properties and characteristics are discussed. The most important is to pass to Chinese and foreign sources of theory development as the obligations of the evolution of comparison and discussed, and then as a source of duty respectively from the form factor and the essence of obligation as two elements source to interpretation.The third part of the paper is not as a criminal judicial practice. This paper also try never as the judicial practice of not as a crime to the specific crime constitution did some research, aiming to make people not as a crime to have a more thorough understanding of and understanding, because all of the theory is in practice, to realize, practice can not, then, all the theory will are worthless. So, not as a crime should also will theory into practice, and do theory with practice.Therefore, never made pure as harmful to the society and criminal policy requirements to see, for not pure not as punishment made with the essence of the principle of a legally prescribed punishment requirements. In this article, through reference to Germany and Japan, Taiwan and mainland China, scholar writings, combining the theory of criminal law and the case to definition not as pure as the source of the obligation to make and classification, as the legal status of the obligations, and not a pure as the duty to make law analysis.The author thinks that, not as pure as not made compulsory source should be form and essence of the unity of source source. To solve not pure not as the conflict make punishment, must will not as crime and make it will point to law as in the causal relationship between the profit violation of the development process will be hold in their own hands, with the same from the standpoint of the place of, in essence, to judge whether it has the actor was not made of pure as not as obligation conditions. If behavior person exclusively to control the actual violated the law benefits the happening of the result, or in fact to be in control of the danger happening source position, can prevent the happening of the result and not prevent, leading to the harm result happen occasions, can say behavior person has not made obligations as as, its not as and as committed as has the value of sex, not pure as not made was established.