Study On Obligation Conflict In Criminal Law

This paper discusses the problem of the obligation conflict in criminal law,which is divided into five chapters. The first chapter describes the concept and classification of the obligation conflict. The concept of obligation conflict in general sense is introduced into the concept of obligation conflict in criminal law,which comes first.And then the concept of obligation is determined after analyzing three points. In order to resolve the obligation conflict, this article divides the obligation conflict according to cause of obligation conflict, the form of the obligation and the important degree of obligation into three kinds of standards;The second chapter is the study of the status and nature of the obligation conflict,and not as a crime and other similar concepts through this, The article determines the conflict of obligations as Super law ground for elimination of criminality through distinguishing the obligation conflict with emergency action,with job behavior,with negative crime and so on. Then this paper introduces the different views of Continental Legal System and Chinese scholars about the nature of the conflict of obligations and separately for the analysis.Approving of Resist being Illegal of Continental Legal System which is based on Social Equivalence and Exclusion of China’s criminal law theory,the nature of obligation conflict is determined,namely,which is that the right choice behavior the conflict of obligations is Exclusion of crime,and the wrong choice behavior belongs to reduce or exempt the subject of criminal responsibility;The third chapter discusses the elements of obligation conflict. This paper considers that there are four elements of the obligation conflict, which is the premise, the objective elements, the subjective attitude and the restriction conditions,and the concrete analysis of each element. Among them, this paper focuses on the premise of the obligations of the source of the problem and the elements of the subjective attitude as the key discussed.The fourth chapter determines the principles of managing the obligation conflict. In this paper, the measure of the obligation is to determine the right or not and it is also the basis of the managing principles the obligation conflict. Therefore, this article discusses the measurement rules of obligation according to different conditions.Then this article comes to a decision of the managing principles the obligation conflict according to the measurement rules of obligation to determine the right choice and the wrong choice.The fifth chapter is under the other four chapters’ theoretical basis to make an application in practice. This paper combines the obligation conflict theory and the theory of criminal law in our country, making a conclusion that the conflict of obligations can exist in the criminal law of our country, and then tries to draw the relevant conclusions previously applied to the undercover investigation and life rescue, in order to provide new ideas for some difficult problems in current practice.