Analysis On Equivalent Property Of Non-typical Omission Offense

Non-typical Omission Offense is a difficult problem in the criminal law and judicial practice, the core of which is to restrict the limits of punishment reasonably, to achieve the function of protecting the legal interests and human rights, to gain the harmony and balance between the two. At present, we identify non-typical omission offense mainly by the act duty and the causality, in addition, there is the equivalent property. In other countries, the equivalent property theory has become the center of the non-typical omission offense. But in China, the research about the equivalent property theory is still relatively limited. I believe, in our judicial practice, the most critical issue of the cases about non-typical omission offense is the equivalent property, not the act duty. But when we judge the equivalent property, we must consider the act duty. Because of the importance of equivalent property theory, based upon the equivalent property theory in the criminal law in Germany and Japan, I intend to establish the judgment standard of the equivalent property under the system of the four elements, and to recommend to set up a clause of equivalent property in the Criminal Code, hoping to punish and prevent non-typical omission offense more precisely.This paper is divided into four chapters, as follows:The first chapter is "The judicial practice of non-typical omission offense in our country". In this chapter, based upon the judicial practice in our country, I believe, in our judicial practice, the most critical issue of the cases about non-typical omission offense is the equivalent property, not the act duty. But when we judge the equivalent property, we must consider the act duty.The second chapter is "The introduction to the equivalent property theory". In this chapter, based upon the equivalent property theory in the criminal law in Germany and Japan, I introduce the equivalent property theory, including the background, the position in the criminal, and the judgment standard.The third chapter is "Building the judgment standard of the equivalent property under the system of the four elements in our country". In this chapter, based on the ideas of the researchers in our country, I establish the judgment standard of the equivalent property under the system of the four elements. And I continue the feasibility of the judgment standard. The fourth chapter is "Recommending to set up a clause of equivalent property in the Criminal Code". In this chapter, based on the ideas of the researchers in our country, I recommend to set up a clause of equivalent property in the Criminal Code. And I continue the necessity.