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The Related Theory Research Of Criminal Omission

Posted on:2014-09-09Degree:MasterType:Thesis
Country:ChinaCandidate:L ChenFull Text:PDF
GTID:2296330464450100Subject:Law
Abstract/Summary:PDF Full Text Request
The crime of omission theory is called "the most controversial field of study" especially the impure crime of omission, the theory and practice can’t avoid the existence of the differences. Of modern criminal law theory of crime tend to be more as a crime, in the two basic forms of harm behavior, not as a case in number not as much as in the case, but not as a crime, the complexity of the problem than a crime. Nonfeasance crime theory is the difficulty in the criminal law theory, especially in recent years appear not as a crime cases and some related "see danger not help" events, such as "the little yue yue" event, will again not as a focal point of criminal theory to the research in this case, the nonfeasance crime related research is necessary and is desperately needed.For the "Is omission a crime?" If you can, and how to affirm "which omission can be a crime?" With all these problems can "omission" a crime related theory, stand on a different stance on these issues have different interpretation, in this paper, standing on the ground of the sociology, in order to "behavior theory" and "causal relationship theory" as the starting point, layer upon layer, mainly analyzes the "as the source of obligation theory" and "The crime of omission and the principle of a legally prescribed punishment for a relationship", and finally to "see dangerous not to help" phenomenon in society carries on the system analysis, in order to can on the basis of existing theories related to further promote and deepen the nonfeasance crime theory research.
Keywords/Search Tags:the crime of omission, behavior, causal relationship, obligation, principle of a legally, see dangerous not to help
PDF Full Text Request
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