Research On The Aiding Criminal By Omission

As early as the late19th century,the German form of jurisprudence opens thetheory of the Aiding Criminal by Omission.Then Japanese academics of criminal lawexpand research on the accomplice in omission which has become a hot object ofstudy of Japanese academia.In China,however,not as the accomplice inomission,especially as little attention to the aiding criminal by omission,but inpractice there is no lack of relevant case.It is widespreadly concerned by publicopinion with the rape case two years ago revealed.The case is titled “an indifferenttaxi driver in Wenzhou”.It is said that the taxi driver of the case helped a malepassenger to rape another female passenger.It triggered a heated debate about how tocategorize the taxi driver’s behavior.The writer extensively collected detailedinformation about the case.After carefully studing the taxi driver’s behavior,the writerthinks it is consistent with the characteristics as the aiding criminal by omission and itcan become the typical of researching the aiding criminal by omission.Theory cannotbe separated from the actual analysis of the case.For this reason,the practice of lawmust be find out and then be down in the form of a logic.Germany first opens thetheoretical research on the aiding criminal by omission and form many meaningfulcases.Japanese also found out the theoretical existence of value of the aiding criminal by omission from the actual cases.Besides the writer’s grasp on the Japanese,thisarticle effectively learns from the civil law,especially in the Japanese criminal justicesystem theory and takes theory of the aiding criminal by omission as the keynote toproceed preliminary analysis of the establishment basis,classification,elements,theconcepts easy to confuse.The article will detailedly study the theory of the aidingcriminal by omission.It is the writer’s view that with the deepen of the judicialpractice the concept of the aiding criminal by omission should be singled out andvalued.It is the obligation that is a necessary precondition for the establishment of theaiding criminal by omission.It must differ in the extent of the obligation between theaiding criminal by omission and the accomplice in omission,which is determined onthe aiding criminal by omission’s the auxiliary to the facts of the crime.Moreover theaiding criminal by omission must make the principal offender to produce anunderstanding “one that should prevent me did not stop me”.And then it play animportant role of strengthening the principal offender’s decision.Nevertheless theperpetrator cannot master all the circumstances of the facts of the crime and do nothave the possibility of alonely preventing harmful results.All in all,because he cannotmaster the causal relationship of the crime,the perpetrator will be identified the aidingcriminal by omission.