The Resolution Of Conflict Of Obligations In Criminal Law

Since Binding introduced the conflict of obligat ions to the criminal law,German and Japanese scholars showed a very strong interest to the theory.From then on,the scholars wanted to resolve the conflict of obligat ions by writing books and papers.However,after a hundred years of development,the research of this theory has been out of the date and the theory fails to form a unified conclusion.Compared with other country,the conflict of obligat ions as Supra-law ground for elim inat ion of misfeasance,not only have low status,but also have seldom research in China.Objectively speaking,the conflict of obligat ions still have some value,this is because it is already getting more and more obvious with the continued refinement of social division of labor and the limitat ions of insurmountable legal norms.This article considers that it is necessary to confirm “the obligations of conflict situations” and determine to exist the conflict of obligat ions if it wants to be resolved.Actually,the conflict of obligat ions in crim inal law refers to the situation that when someone performs a number of urgent obligat ions,which cannot be performed and cannot ask others to help performed at the same time,he only can perform one of them and violates other criminal obligat ions as a result.In addition,it is also important to ensure the legit imate foundat ion and the measuring standard of the obligat ions at this case.Because of the balance of obligat ions involve the substantial value judgment,it is difficult to get the general rules of the resolution of the conflict of obligations,so this article will resolve it bases on the types of conflicts.For example,when the situation relates to the interests of life,its resolution can be obtained by distinguishing the types of conflicts and the prevention of illegality or responsibility.When all of the obligations are not involve in the interests of life,it will need “principle of proportionality” to determine the order of the obligat ions.At last,in order to completely evaluate the nature of the acts of perpetrator and resolve the conviction and sentencing of the conflict of obligations in judicial practice,which need to distinguish the right choice,wrong choice and imaginary conflict of duties.