On The Related Elements Of Negative Crime

Violation of the criminal law and the infringement of the legal interest are the legal characteristics of crime.Whether an action constitutes a crime shall be based on the principle of legally prescribed punishment for a specified crime,and given full consideration to the elements of a crime prescribed by the Criminal Law and the extent of the infringement of the legal interests.As for the crime committed by omission,our country's criminal law does not stipulate it clearly,and the theory and practice are quite different.Therefore,we should deepen the theory argumentation,standardize the legal affirmation and realize fairness and justice.In this paper,a representative case of non-act as a "displacement of the injured by taxi" case to start,from the identification of the behavior,the following duty of the behavior,the value of the causal relationship between the analysis and judgment,combined with domestic and foreign scholars insights and judicial practice,in order to be able to conduct a detailed analysis of the controversial issues involved in the crime of omission,summarize the point of view and content in the trial of such cases,standardize the analytical process and logical system of negative crime,trying to be the reference of the hearing of such cases.The full text includes three parts: introduction,text and epilogue from four perspectives: the recognition of the behavior,the duty of the behavior,the value of the behavior and the cause-and-effect relationship.In the first chapter,the problem of behavior recognition,whether the taxi driver's "displacement behavior" is an action or non-action is the first focus of this paper.According to the "action is not static,danger does not rise" The act should be omission;the second chapter,since being an omission,while the omission should be in violation of the legal imperative normative behavior in accordance with the Criminal Law,then the recognition of the taxi driver's behavior which is not based on the law of the imperative normative norms is the second controversy focus.The above two chapters solve the problem of how to determine the omission in criminal law.Then what is the nature of the actus reus above,the focus is divided into two parts,one is intentional homicide,the other is abandonment.Through the subjective and objective aspects and the understanding of criminal law,the author regards it as abandonment.The fourth chapter is the cause and effect relationship,there exists the cause and effect relationship between the behavior of taxi drivers and the death of serious injured passenger.Finally,the conclusion carries on the retrospect to the full text and the convict and sentencing opinion to the taxi driver.