Study On The Commencement Of Nonfeasance Commit

Nonfeasance theory is not a new problem in China Criminal law field, our diligent scholars never stop their steps towards searching the content of nonfeasance theory since we import it from Russian in the middle of last century. At the present time,Our country the research which violates to the inaction has begun to take shape, but compared with the earlier start countries such as Germany and Japan, there is a big gap.Along with our country criminal law educational world about the theory of inaction make thorough and refinement, many problems have not been paid great attention in all become scholars pay attention to and research objects, not as committed to problem is one of them.As the special form of a crime, not to be made with traditional as make different nature and characteristics.The different ways of properties and behaviors made the judgment standard of scholars start to its controversy still exists.Never as the basic theory of making, this paper studied in not as made on the basis of the concept of nature, combined with practice the behavior of the standard, in German and Japanese criminal law theory about not as committed to sum up, according to China’s current legislative situation and theoretical research about not as committed, not as committed to the judgment of the standard are put forward.At all the theories of nonfeasance, whether Germany’s specific risk, said that if there are dangerous and distance as a judge is not as the main basis when committed to, or in the form of objective and essence of the objective, in Japan, namely, respectively, in violation of obligations as a start and the concrete reality of dangerous happened as not as committed to start. Its foothold in the judgment from the Angle of the objective elements. Can say this standpoint is right. After all, to an important feature is to make the law benefit of criminal law to protect the perilous state of the real urgent, this risk is not arbitrary, there must be objective. To this point in the theoretical circle of criminal law has been without controversy. So whether to implement behavior or not as committed to judgment can’t out of the judgment of danger of objective existence. However, as Ping ye long yi says, if out of the person different legislation, so if there are specific risk is impossible to judge. "Start" as a criminal offense by practice the behavior to realize their own crime means and plan a key ring, reflects the behavior person men era. If out of men era from only objectively to determine risk, it is not scientific. So based on the sports field, a professor at the point of view, and put forward the not as committed to standard judgment shall carry on based on the objective based on the specific risk of different legislation of give attention to two or more things specific danger close said.Commencement is just a small problem in nonfeasance theory, however through many case in judicial practice, the different understanding of the problem often leads to different criterion for the conviction of the results. This article through to in Germany and Japan, therefore not as committed to theory to comb, and put forward their own views, hope to related theory to solve the dispute and the difficult problems in the judicial practice play its proper role.