The Equivalence Of Impure Omission Offense

The equivalence of offense of nontypical omission refers to the equivalence between the harmful behavior and the harm behavior as a crime to constitute the objective aspects.That is to say,how to equate the negative behavior of violation of performance obligation and the positive behavior of violating the duty of prohibition.Because of the difference between the offense of nontypical omission and the criminal act,it has been questioned by the principle of the criminal law,which is contrary to the principle of equivalence.The aim of this article is on the omission of equivalence theory,positioning equivalence property in criminal law and the criterion of equivalence,in order to make up for our country lack of equivalence theory,and provides a guide for the judicial practice.This paper is divided into three parts:The first part is an overview of the equivalence of offense of nontypical omission.First,to clarify the meaning of the offense of nontypical omission,points out the impure equivalence problem of crime is determined by the characteristics of the structure itself,the punishment omission does not violate the principle of legality;secondly,through the analysis of theory of different equivalence theory,study different legislative status of equivalent legal system.Equivalence theory in the important meaning of the principle of legality and the protection of human rights.The second part is the orientation of equivalence of offense of nontypical omission.Firstly introduces the background of equivalent positioning--three class criminal system,pointed out that the important position clear equivalence,and demonstrates the equivalence based positioning: in line with the principle of legality,fit the crime theory,realize the equivalence of intrinsic value,proposed equivalence should belong to the theory of crime in accordance with the theory of destination stage and equivalent the elements as independent crime constitution system.The third part is the judgment standard of equivalence.First of all,analyses the equivalence theory of judgment standard of existing,discusses the equivalence should be judged from the objective aspect,and puts forward the specific criteria of equivalence judgment,that is reason and risk control,the result domination and considerable social;finally,expounds the application and value judgment standard of equivalence.