The New Theory About The Resources Of The Offense Of Pseudo-Omission Crimes’Obligations

In the criminal law, the crimes can be divided into the Genuine Omission Crimes and Pseudo-Omission Crimes. The former is more accurate because there are clear provisions about it. But the question of the offense of Pseudo-Omission Crimes is an less clear question. So studying it becomes an more important problem. In this question, the resources of the obligation act are basic problems. To some extent, they are the same question. Many Criminal scholars have studied this question. There are different ideas about the concept of the resources of the obligation act, so we have to conclude a determined concept first. The concept is the base of our studying the question.Some foreign countries have studied the question for long time, so they have some more mature theories. There are the formal theory and the substantial theory, and other theories. In so many theories, the substantial theory is better, and it is supported by many scholars. The theories in German and Japan are mature. So we have to study their theories to improve our own theories. And the Common Law countries have started to study the offense of Pseudo-Omission Crimes. Some laws about the offense of Pseudo-Omission Crimes have arisen, and they are studying the Germany and the Japanese theories. Meanwhile, the foreign theories have many problems that hinder the improvement of the criminal theories and the practice. So we must divide the advantages and the disadvantages. The four resources theory is a popular theory in our country. Most of the scholars agree with this theory. But with the development of this theory, it has some disadvantages, and can not guide our practices very well. So we have to improve it to adapt to the needs of the practice.In the first place, we have to make the principles of the resources clear. Besides, we must put the importance into judging the existing of the resources. The resources of the obligation act should be judged from the objective conditions and the subjective conditions. In this paper, we put forward the new substantial theory. In this new theory, the subjective conditions include two aspects, while the objective conditions include six aspects. The new theory is an improvement of the four resources theory. In the practice, we should analyze the cases from the objective aspects and the subjective aspects to get accurate conclusions. In the case of Li Wenkai, we can get a more reasonable conclusion in this way. What’s more, we have to improve the law about this question. It is a better choice to write the theory in the general rules of the law and the specific provisions. In the future, there will be more and more cases about the offense of Pseudo-Omission Crimes, so our theory should be improved step by step. Because the value of the theory is to guide the practice, so our new substantial theory should supply service for the practice.