The Judging Criteria Of Equivalence Of Impure Negative Crime

As impure negative law has no definite stipulation, it has to be punished according to items of crime. So equivalence of impure negative crime have been the core of the research on impure crime. In this article, the author tried to sort out domestic and foreign theory about equivalence crime and attempted to put forward his view on this issue.In addition to the introduction, the article is divided into four chapters.Chapter one: In the first section, the author combed the main concept about negative crime and impure negative crime. On the basis of the work, put forward the view on the concept on impure negative crime. In the second section, the author made it clear what is equivalence and its positive significance in limiting the founded range of impure negative crime.Chapter two: In the first section, the author introduced how to realize equivalence of negative crime and positive crime in Germany. Academic claims solving this problem should consider the following five aspects. At the same time, some scholars claim the subjective elements should be considered either, because it is idiographic in impure negative crime. In the second section, this article sort out the main theory on the equivalence issue in Japan. There are subjective say、objective say and elements compliance say in academic circles. Then make comments on these views and point out their defects.Chapter three: In the first section, this article introduced the judging standard on the equivalence of impure negative crime. Scholars believe the standard is in the duty of act. In the second section, make comments on the standards and put forward its defects from the angle of objective.Chapter four: In the first section, the author analize the structure of the impure negative crime. From the analisis, the author point out that the cause of the risk is not belong to the structure. In the second section, the article tried to put forward a new standard of equivalence of impure negative crime. The standard claims to judge a omission is a crime or not should follow three steps: the first step is to study the duty of act, the second step is to study the special elements of crime, the third step is to study the dominance to the causal. The dominance depends on two essential factors: the capacity to act and no against will.