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The Research On Impure Negative Crime

Posted on:2018-01-06Degree:MasterType:Thesis
Country:ChinaCandidate:C XuFull Text:PDF
GTID:2346330536980709Subject:Science of Law
Abstract/Summary:PDF Full Text Request
It is always the one of hot issues in the study of criminal law.Countries have made a lot of discussion on this theory,but did not form a consensus.In addition,with the development of society,my country has made an increase in the number of cases of impure negative crime,the equivalent,punishable and other issues of the impure negative crime has caused hot discussion again.Therefore,it is necessary to sort out the relevant theories of impure omission,in order to further improve the theory to make my little strength.Overall,this paper is divided into four parts:The first part mainly introduces the summary of impure omission.Firstly,study the difference between doctrine and omission,and on the basis of summing up the various distinctions between domestic and foreign scholars,Affirming the legitimacy of the standard of the theory legal obligation;Secondly,study on the negative crime.This part is based on a general analysis of Chinese and foreign theories,and put forward we should take the actual behavior of the crime as a distinction standard,to redefine the omission.and at the same time affirmed the traditional classification of negative crime;Once again,by comparing the various theories to sum up the concept of impure negative crime.At last,to study the punishable of impure negative crime.Including the extraterritorial legislation of impure negative crime and the relationship with the principle of legality.Further affirmed the reasonableness of impunity for impure negative crime.The second part mainly introduces the obligation of impure omission.First from the status of the obligation,and introduced the causal relationship,illegality,constituent elements of conformity,and distinction,and then on the basis of denying the other three theories,affirmed the view that the obligation exists in the illegal stage;Secondly,as a general comparison of Chinese and foreign forms as obligations,analysis of the form as an obligation to classify the problem that leads to the determination of the scope of the crime is too large;Once again,make a general assessment of the substantive basis as an obligation,that dependency and trust relationship that is more in line with the requirements of law and reason;At last,introduce the main content of the obligation as a basis,including three aspects:the duty of supervision of the source of danger,the responsibility for the management of the risk of the occurrence of the field,and based on special relations that helpless protection of law.The third part mainly introduces the equivalence of impure omission.First of all,the equivalence of the theoretical controversy is briefly described.Secondly,refuting of the negative theory of equivalence from two aspects,that is to say,the reason for the establishment of a hypothetical fact,and negativing the point of light punishment;At last,analyzing and determiningthe judgment criteria of equivalence.And the objective of the dangerous reasons set the equivalent of the standard to be sure.The fourth part mainly introduces the determination of impure omission.The section also contains two aspects,that is identified the impure negative crime begins,and the question of common crime.In the problem of impure negative crime begins,focusing on the analysis of the identification's standard of the impure omission.That is the material of the substance objective.In the common crime of impure omission,respectively from the offenders,help offenders,abettors to explain the relationship with the impure omission.
Keywords/Search Tags:omission, obligation, equivalence, identified
PDF Full Text Request
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