Research On The Source Of Omission Obligation And Its Legislation

The crime of omission as the Pearl of the Penal kingdom has been a focus of attention of scholars. Along tradition al research ideas, Behavior nature of the crime of omission、elements of negative 、causality、sources of obligation and the relationship between the crime of omission and judicial judgement by crimeare the focus of several research scholars. In these respects, scholars’ views are numerous. Although scholars have been made a lot of results, there are still many problems about negative crime. Negative crime still remains the focus of research in the field of criminal law and the research of the crime of omission follows the development of criminal law and it has certain academic value.This article starts on the crime of omission from the following aspects:The first part, the overview of the negative crime. At present, the ideas about the concept of the crime of omission、the classification of the crime of omission and the behavior nature of the crime of omission are numerous. I believe that based on the analysis of the various claims, I am able to draw reasonable argument.The second part, the sources of obligation of the crime of omission.The sources of obligation is key research of the offense of non-typical omission. In the analysis of all kinds of theories, they can be divided into forming theories and real theories. On the basis of real theories and forming theories, we know they have some advantages and some drawbacks. So we need combine the forming theories with the real theories, not take the isolated and exclusive way to use the obligaion of the negative crime. So we can use their advantages and avoid their drawbacks and improve the level of researching of the crime of omission.The third part, the crime of omission legislation of our country and judicial application situation.The crime of omission legislation is a sign of the further development of criminal law. The criminal law of our country has been controlled by feudal powers. Our crime of omission legislation has been behind the developed countries. On the basis of existing legislation, we work hard to find the drawbacks of the legislation. and bring some ideas to develop the legislation.The fourth part, the suggestion of the crime of omission legislation of our country.On the basis of the previous chapter, we has been a little clearer understanding about our legislation.On basis of further analysis of the basic problems of the crime of omission and summary of the recommendations of other countries, we have the following idea: not as legislation in China should be in the general provisions and specific provisions for the inaction make corresponding provisions.In general, in our country after the concept of crime of criminal law stipulated in article 13 to add a clause, for prevent the legal obligation of the results of the behavior and crime prevention. In the specific provisions, based on the experience of the French Belgium, add see danger not save.