Research About Ingerenz Of Unterlassungsdelikte

Due to the problems involved are numerous and complicated, as one of the sources of obligations as a crime, ingerenz has been much academic attention and the focal point of study of criminal law theory. Through extensive access to information and the in-depth study of existing achievement by old generation. I refines the summaries, analysis the comparatives of the related theory about ingerenz. Firstly, I explored this question with reasonable analysis of ingerenz as the source of obligations as legal duty to act. Secondly, I introduce and evaluate the different theories about these problems. Finally, I propose the suggestions about the legislative model of ingerenz of unterlassungsdelikte.The essay has six parts:Part one, the summary of ingerenz of unterlassungsdelikte. There are two sections in the summary, one is the concept of ingerenz of unterlassungsdelikte, the other one is the history. In the process of defining its concept, I comprehensive theoretical circles for different expressions of the concept of ingerenz, on the basis, come up with my opinion. In the history sense, ingerenz can be tracked down to Roman Law Times, then developed to procedural source theory and substantial source theory.Part two, analysis the rationality of ingerenz as the source of legal duty to act. About the rationality, even though the theories are going to be integrating, there still has some different voice, definitely theory and negative theory. I will introduce and comment these different theories. Then come up with my own opinion.Part three, analysis the relationship between ingerenz and the other sources of duty. In this part, I will compare the ingerenz and the other sources, find their differences and define the meaning of ingerenz as one source of duty.Part four, explore the identified conditions of ingerenz. There are different opinions in the theorists, I will introduce and analysis these opinions. Then I will come up with my own opinion about the identified conditions of ingerenz. In my opinion, as one source of unterlassungsdelikte, ingerenz should have three conditions:the existence of danger situation, the possibilities of rescue, the existence of causality and the existence of warranty obligations.Part five, explore the scope of ingerenz. In this part, I analysis the scope of ingerenz, and study those six leading problems, like that if ingerenz must be illegal behavior.Part six, the suggestions about the legislative model of ingerenz. In this part, firstly, I will introduce the current situation of Chinese legislative model. Secondly, I will analysis the necessity of legislation about ingerenz based on the requirement of principle of legality and ruling the judicial practice. Thirdly, I will introduce and evaluate the current legislative models of ingerenz. Finally, I will discuss the legislative improvement of ingerenz in our country, mainly from two aspect, one is the selection of legislative model, the other one is the sentencing provision of ingerenz.