Research On Act-duty Equivalence In Offense Of Non-typical Omission

Act-duty Equivalence in the offense of non-typical omission, also known as theAct Duty Theory, refers to the circumstances where the damage caused by offender’sfailure to perform/non-performing of his duty of act, defined as omission, is treatedequivalently to that caused by his malicious act of crime, in the course of criminalityanalysis. In other words, it is a question of in what situation can this two scenarios bepeer-reviewed. Since there subsists significant differences between omissions andmalicious criminal acts in terms of their structure and regulatory framework,punishing the former in the same was the latter is to some extend falling outside of thePrinciple of Legality. As a mechanism to bridge the afore-mentioned discrepancy, thedoctrine of Act-duty Equivalence provides a solid ground for capturing the offense ofnon-typical omission under criminal liability. It is therefore very worthwhile having athorough understanding of this doctrine and building up a clear analysis of how thisdoctrine can be applied in judicial practices.This paper consists of four chapters and is divided as follows:The first part illustrate the basic concepts of the offense of non-typical omissionby introducing firstly, the theoretical status and the history of legislating of thenon-typical omission, and secondly, its definition and framework, while lastly, therelationship between the offense of non-typical omission and the Principle of legality.The author concludes that, punishment on offense of non-typical omission does not violate the Principle of legality.The second part gives a macro-scope analysis on the offense of non-typicalomission. The author concludes that Act-duty Equivalence shall be among theconstitutive elements of crimes. It shall be placed in the objective essential factors ofcrime constitution.The third part is to state the judgement standards of Act-duty Equivalence. I’d liketo summary them as to choose one from “set risk” and “others cause”, then combinewith social considerable theory.In the last part of the paper, Act-duty Equivalence in offense of non-typicalomission is applied to analyze the actual cases in order to testify the author’s points ofviews.