On The Objective Condition Of The Offense Nontypical Omission

The omission is divided into nontypical omission and the offense of nontypical omission, the distinction maily be fitted by the law and the crime constitution. The offense of nontypical omission is one kind of omission that someone with action duties acts negatively and share crime constitution with mission.The basic issue of the offense of nontypical is the objective condition,its construction has important significance on not only the perfect of the theory but also the judge of the practice.Because of the complex of the action theory,the offese of nontypical especially its objective condition becomes controversy on whole theory and the judicial practice,such as three elements theory,four elements theory and so on. Reseach about the objective condition of the offense of nontypical omission mainly centre on the action duties,the action possibility,the equivalent question of offense of nontypical omission,the negative act and so on. There are four objective elements of the offense of nontypical omission:the action duties,the action possibility, the negative act and the equivalent question. The occurring basis of action duties can be divided into the formal source theory and the substantial source theory,compared with the substantial source theory,the formal source theory is more specific and operational: the legal provisions,the contract behavior,the voluntary assignment,the leading behavior and so on. The essence of the action possibility is the possibility of the specific obligations,on the basic of the action duties,its judgment should consider both the objective facts and the personal ability, the degree of the action possibility can also influence the constract of the offense of nontypical omission. The judgment standard of the equivalent question is also an important part of the objective condition of the offense of nontypical omission.