Not As A Source Of Obligations As A Crime

The source of the act obligation has very important station because it is theground which determines the crime of the omission.And the scope of the actobligation relates to the scope of the crime of the omission.In recent years,as the events that "little yueyue" and some “seeing dangerousdon’t save" happened.This caused the extensive concern of the society and academiccircles.People begin to think the source of the act obligation of the crime of theomission. Whether in this case can be a crime, if formed, which crime can be. Atpresent,the source of the act obligation has not been explicitly stipulated in thelegislative level in our country.It can’t be able to effectively guide the judicialpractice. Thus,in practice,there is a different connection with the given situation insome complicated cases. In addition, with the social changes and the passage of theday and the development of a new form of nonfeasance crime. Therefore, in thiscontext it is necessary to do some research for the source of obligation of thenonfeasance crime.This article besides the introduction and conclusion will be divided into threeparts.The first part mainly discusses the basic concept,constitutive requirements ofnonfeasance crime, the difference between nonfeasance and crime of commission,the equivalence property of Non-typical omission offenses and standard omissionoffense,what lay the groundwork for the discuss of the source of the act obligation.The second part mainly discusses the essence of the obligation source of legalprinciples of the nonfeasance crime.Through introducing and analyzing the mainacademic theory,the author tries to combine the national conditions of China, takesits advantage, from a close relationship between the victim and the offender formurder method benefits to establish the exclusive dominion over the status ofdeparture as committed as the essence of the obligation of legal basis. The third part mainly discusses a form of obligation source. The author arguesthat the established inaction as compulsory under the premise of substantive legalbasis is necessary to be explicit in form, from substantive legal basis that does notlight. Finally, for the hot emergency rescue righteousness according to our country’spresent situation of legislation and the country’s situation The author intend to statehis views.