Study Of The Obligation Conflict

This paper is about the conflict of obligations in criminal law,which is divided into four parts,about twenty thousand words.The first part is about the basic theory of conflict of obligations.This paper from the conflict of obligations in the general sense of the conflict of obligations "dilemma",and discusses on the conflict of obligations in the context of criminal law under the conditions,and then draw the concept of conflict of obligations under the context of criminal law.Next,through the discussion of the three conditions of the establishment of the conflict of obligations in the criminal law,we should further define the obligations conflict in the context of criminal law.In the last section of this part,the author divides the conflict of obligations in the context of criminal law into three kinds from different angles,and makes a conceptual exposition of the conflict between the three typical obligations.The second part is a general division of obligations in the conflict of obligations.According to the difference of the performance of the actors in the conflict of obligations,the obligations in the conflict of obligations can be divided into two categories: the "unfulfilled obligations" and "the obligations to be fulfilled".In criminal law,because the discussion of "unfulfilled obligations" is the criminal responsibility in the internal extent,and "obligations" to discuss the behavior in the scope can not bear criminal responsibility,because of the effects of different,these two kinds of obligations in the source is not a.The source of "unfulfilled obligation" must be the criminal obligation,including the obligation and omission.The source of the obligation has been fulfilled,in addition to the criminal obligation can also include non criminal obligations,such as moral and religious.The third part is the focus of this paper is the discussion on the justification of non performing behavior in the case of conflict of obligations.First of all,through the elaboration of the theory of purpose,the measurement of legal interests and the theory of social comparison,the general basis of the justification of the behavior in the conflict of obligations is obtained.Next,it discusses the legal nature of the legitimate behavior in the conflict of obligations.In the last part,the paper elaborates the value orientation of the objective conditions of compulsory measure and specific standards,that does not fulfill the objective conditions should have proper behavior;through the behavior of people understanding degree,fulfill the meaning and defects of subjective conditions on the subjective conditions of behavior does not fulfill the stated justification should possess the.The fourth part of this paper describes the existence of non conflict in the conflict of obligations.In some cases,some behaviors in the conflict of obligations are not justified,including two kinds of wrong choice and no choice.On the basis of the definition of these two kinds of behavior,through the analysis of the subjective and objective aspects of these two kinds of behavior,and then the specific identification of these two acts.