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Equivalence Study Made No Real Omission

Posted on:2014-04-16Degree:MasterType:Thesis
Country:ChinaCandidate:K ZhangFull Text:PDF
GTID:2266330401984952Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Offense of non-typical omission is just one of subjects which embody forgingcontradiction. Its theory even excesses forging contradiction in depth and extent.Offense of non-typical omission isn’t expressly provided in criminal law in ourcountry. Punishing it in judicial practice is directed by corresponding criminal theory.How to realize punishment to it in judicial practice in fulfilling doctrine of a legallyprescribed punislnnent for a specified crime becomes a question that is worthresearching. Equal-value should be estimated comprehensive factors which includeexistence of duty of act, dejree of duty of act, outcome of dangerous act andsubjective circumstances while acting. In the end introduce the law into the offense ofnon-typical omission system.The law means that a rule for good behavior or how youshould behave in a particular place or situation,or the fact that something alwayshappens in the same way in an activity or in nature, or a scientific rule that somebodyhas stated to explain a natural process.The secondpart is mainly studied equal-value in offense of non-typical omission.Firstly,author studies its action and points out that its action can be determined inview of social action theory. Its action can be found not only objective damage oflegal interest that actor’s action caused but dangerousness of the person, whichconstitute unification. Secondly, based on research about action and differentargument about equal-value in criminal law theory, author provides his own particularstandard that determines equal-value in offense of non-typical omission.
Keywords/Search Tags:offense of non-typical omission, equal-value, law, risk
PDF Full Text Request
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