The Preceding Behavior Of The Criminal Law

Preceding behavior is caused by the crime of the impure omission as a source ofobligations, since nineteenth Century has been the mainstream theory of criminal lawand judicial affirmation. Although after one hundred years of development, thepreceding behavior theory is still insufficient, legal basis, connotation of vaguejudgment standards is unknown which led to the judicial practice not speak in detailabout obligations. It is come to a standstill on theory preceding behavior, which led topreceding behavior suffer criticism. An in-depth study of the advanced behavior, notonly for the first action name, also contribute to the connotation and extension ofdetermining the antecedent act provides criteria can be operated so as to judicialpractice.This paper is divided into four parts except the introduction and conclusion:The first part: from the development of lineage leading behavior, thedevelopment history of antecedent act theory briefly combs, affirming its place inhistory as the form of obligation source. At the same time, to respond to thedevelopment process of the preceding behavior in the dispute, there is the legal basisfor the reasonable and necessity about sure the preceding behavior.The second part: on the base of analyzing existing in advance of legal basis,through the analysis of the cause substantial standard of criminal obligation andcombining the control theory, the legal basis for the preceding behavior is a rise forthe criminal law to evaluate the damage ethical behavior, namely ethical conceptincluded on the national security guarantee hope and trust, risk in certain powershould be prevented the realization of danger, behavior on the expectation and trustviolation is serious damage to ethical concepts.The third part: the preceding behavior as can cause the criminal as a specificbehavior obligation, is a kind of criminal law and according to the relationshipbetween behavior and risk status and behavior of personnel after the specificcircumstances of the legal fiction. The advance behavior has caused by nature, legal,fairly and dominant in four aspects of connotation. The extension of the precedingbehavior in the criterion evaluation including some legal acts, illegal and criminal acts,including some unconscious behavior in the subjective state of mind, as only limitedin implementation mode. The first and the extension of the connotation of this behavior, but also provides a standard for the judgment.The fourth part: the theoretical research should be rooted in the practiceapplication. Based on the preceding behavior are classified with the precedingbehavior criterion makes specific analysis on typical cases, in order to advance actjudicial establishment sample.