The Obligation To Act As A Non Typical Omission

According to the death case argument leads to the omission obligations as scott.Never made pure as the concept of analysis of the omission form as a source of obligations and essence as a source of obligations,and points out that only the form of obligation and substantive obligation based on dualism under the guidance,in order to better grasp the scope of omission.In the end,we insist on the theory of practice,through the analysis of the case to confirm the non typical omission as a duty of theory.This paper is divided into four parts,in addition to the introduction:The first part: the basic situation of the case.First introduced the Yuanmou death case of case and case;then,introduces several different opinions,in this case,some people think that constitute the crime of intentional homicide,some people think that the deaths of negligence,there are people that do not constitute a crime;finally,the opinion concludes two focus of controversy in this case.The second part: the legal analysis of the related problems.This paper is based on the theory of this,but also the author to focus on the part of the writing.The author will be divided into two parts to write,first of all,it introduces the overview and identification of non pure omission;secondly,the obligation of non pure omission.The third part: the analysis and conclusion of the case.According to the previous analysis,it is not concluded that this case is not pure omission,the case should be not characterized as intentional homicide.The fourth part: the Enlightenment of the case study.