On The Negligent Untypical Crime Of Omission

The negligent untypical crime of omission is a kind of crime which stands at the intersecting zone of the negligent crime and the untypical crime of omission,more specifically speaking,it is untypical crime of omission committed by perpetrator under the negligent mentality.The negligent untypical crime of omission conforms to the characteristics of both two crimes,but is not a simple elements superposition of them two on the form and there is a unique logical judgement path for attribution and imputation of negligent untypical crime of omission.Research on negligent untypical crime of omission is the embodiment that there is a delicate trend for criminal law in its future development,and relevant study is a inevitable requirement of theoretical innovation and argumentation.During the discussion of this article,research overview about the negligent untypical crime of omission was arranged.Research subject is divided into two basic forms:the negligent untypical crime of omission fails to foresee harmful consequences or fails to avoid the occurrence of harmful consequences.The risk reduction theory shall apply to causal judgement of the negligent untypical crime of omission,if the risk will be significantly reduced when perpetrator fulfill his legal duty of act,but harmful consequences occur due to perpetrator's omission,thus harmful consequences can be attributed to a certain perpetrator.When perpetrator has concrete and realistic command of the causal process,he is a so-called guarantor and bears the substantial duty of act.while the perpetrator bears the duty of care and has the possibility of avoiding the occurrence of harmful consequences on the same time,if he fails to fulfill obligations mentioned above and finally caused infringement of legal interest,he shall be considered to commit the negligent untypical crime of omission.Based on the preliminary establishment of the negligent untypical crime of omission theory system,criminal judicial practice in China shall be combined with and cases shall be analyzed to examine the validity of the theory.To provide a new way of thinking and trailing still remains a unsolved task for the theory of the negligent untypical crime of omission.Whether it is to the perfection of theory or to the need of judicial practice,research on the negligent untypical crime of omission theory weighs a lot.