Do Not Study The Issue Of Imputation

The nature of the crime can be divided into two categories: both a crime and a non-action crime. As we all know, the nature of the non-action crime is very various and complicated, and it has always been the focus of the research, and the problems of its imputation have been researched heavier and heavier by scholars. For the purpose of the system of the non-action crimes' imputation, the article demostrates the general summary, the theory analysis and the judicial application; then discusses the connotation of the concept of crime as the imputation theory and characteristics, completely and detailedly summarized the theories and the theories of omission the criminal liability problem, that is not as controversial and the theory made the imputation of the cognizance of crime of omission and standardize the imputation of theory, makes this view: the expected behavior, that behavior has the legal implementation as a look forward to the possibility of obligations, but the behavior is not implemented, resulting in social harm results occur, that the causal relationship between the nonfeasance and social harm result. Then, the author expounds and as criminal liability issues related to, that is not as crime responsibility for research object, way and the criminal liability proposed of omission crime responsibility cause reflective questioning and thinking about. Finally, the author introduces the imputation of nonfeasance crime refactoring basis, specific including philosophy basis, legislature basis and theory basis. Among the theory basis, there includes “the theory of conditions”, “the theory of imputation factor” and “the theory of cause and effect relationship” as the guidance, according to the characteristics of the nonfeasance crime specifically expounds the refactoring as a crime of imputation system steps: "not as the practice of making behavior", "not as a condition of crime relationship" and "very dangerous result " three aspects to discuss in detail. Of course, but also additional factors to consider the idea of "public identity". In addition, the author lists in the judicial practice of a case as a reference standard of imputation of nonfeasance crime.