The non-action crime is one of the basic forms of crime. Also,the specific obligation is the precondition of the non-action crime. Without the specific obligation,there is no sense to talk about the non-action crime. Also,the specific obligation is the reason of the non-action crime. So,the specific obligation is in the coe status of non-aciton crime. The specific obligation dicides whether the non-action crime is established. Morever,the specific obligation decides the range of the non-action crime. Setting up the source of the obligation of the non-action crime reasonably is the guarantee of the justice of crime law.The non-action crime is one of the problems of the criminal law in the world. Morever,the specific obligation of the non-action crime is problem in problem. To set up the source of the obligation of the non-action crime reasonably,the scholars put in lots of vigors and enthusiasims. Also,they put forward to many original theory and viewpoints.All these made the theory of the non-action crime abundant and complete.The traditional theory of the source of non-action crime can meet the remand of the principle of a legally prescribed punishment for a specified crime. However,this theory just makes a list of the source of the non-action crime. It did not explain why the source of the non-action crime including these.The material theory can solve the former problem,but it faces the challenge of the principle of a legally prescribed punishment for a specified crime.To solve these problems,the author puts forward to a mixed theory.Definitely speaking,wu should establish a ladder-like way to affirm the obligation.The mix theory mix the outcomings of the two theorys. |