The Research Of The Equivalence On Impure Negative Crime

The theoretical research on impure negative crime is always the emphasis in the theoryof the criminal law. The emphases of the theoretical research on the impure negative crime aredistinct in different period.With the development of the theoretical research on impurenegative crime, the research on the equivalence of impure negative crime is the mainstream ofthe theoretical research on impure negative crime, the research of the theory about this wasput forward as a formal theory by A-Ming. Kaufman and Hinkle. Since then，the theoreticalresearch develops quickly, it becomes the focal point of the research on impure negative crimein the Continental law.The research on impure negative crime develops very slowly in China,the research on the equivalence of impure negative crime is involved a little. Although manyscholars propose some new ideals which build on the basis of the theoretical results of thecontinental law system, they still don’t satisfy the requirements to solve those problems in thejudicial practice. Therefore, in order to further study the theory of the equivalence on theimpure negative crime and make clear the judging criteria for the equivalence of impurenegative crime and the destination of the theory, the author have selected this topic as thesubject matter of my thesis and proposed my standpoints in reference to predecessors’ views.This thesis is comprised of four parts. Part I clarifies the fundamental problems about theequivalence of impure negative crime from the perspective, the origin and evolvement of theequivalence of impure negative crime. The meaning of the equivalence on impure negativecrime is how impure negative crime and positive crime constitute the same crime, or how toassess interchangeably impure negative crime and positive crime. They should research theequivalence from the aspects of crime constitutes, rather than merely discussing themalefaction and result. The equivalence of impure negative crime is decided by its specialexisting structure, normative structure and value structure. In the research we not onlyconsider the foundation, scope and content of the action obligation, but also probe into theequivalence of impure negative crime. Part II analyzes the equivalent possibility which is thefoundation of the last parts. If it is not possible to be equivalent, the article doesn’t have valueof research. In the theoretical circle, there are different views which are in support of oragainst the equivalence. From affirming the legal principle of crime and protecting the spiritof the laws Considerations, the author thinks that the equivalence of impure negative crime ispossible and necessary. Part III and Part IV have value of research because of the possibility of the equivalence. The author proposes a unique standpoint on the equivalence with respectto the object, subjectivity, subject and objectivity of the crime; he put forward the unificationof equivalence criteria by comparing the advantages and disadvantages of subjective andobjective criteria. The equivalence criteria need to be considered from objective constitutiveelements and subjective ones. The criteria emphasize the act of the perpetrators, the particularaction and the subjective psychological attitude as the positive crime. The reconstruction ofthe judgment standard makes reader a new equivalent knowledge and understanding. At thesame time we have to consider the problem that where is the theory end-result of theequivalence of impure negative crime. Could the equivalence be an independent constituent ofthe impure negative crime? The author thinks that the equivalence doesn’t have thecharacteristics of constitutive requirements, so it isn’t an independent constituent. In fact it isa comprehensive judgment of Constitutions facts on the impure negative crime; its role ismore reflected on methodology of the impure negative crime.