Study On The Equivalence Of Non-typical Omission

It has always been known as the "unsolved problem" or "the most difficult and unsatisfactory solution to the problem".Not pure as equivalence,is not pure as crime and as can make the same is not pure is not as a committed and as a make the same evaluation problem.It has been the core problem of the study that the standard of the equivalence judgment of the impurity is not a crime,and the scholars have put a lot of effort into it and put forward many excellent theories.The mutual collision between theories promotes the continuous progress of the study on the standard of non-purity and non-equivalence.The author attempts through to the domestic and foreign is not pure is not as a make the equivalence criterion theory,put forward some views about the problem,in order to such as are not enough to establish pure as not to make reasonable equivalence judgment,unified standard.Main research content and research method.This paper applies com parative research methods,literature research methods and case analysis methods.Chapter two is an overview of the article.This paper mainly introduces the equivalence of non-pure non-crime.This paper introduces the concept and constitution of impurity as a crime,and the possibility of the existence of the meaning and function of the problem of non-purity,and the existence of the equivalence theory.In authentic omission refers to a crime that is usually carried out in a way that is not acted upon.In view of the composition of the non-pure non-crime,there are two elements,three elements,four elements,six elements,and China mainland.As the constitutive requirements of punishment not pure is not as committed,we must solve both problems,such as the scope of the establishment of the reasonable limit is not pure is not as committed,enable it to and as a classy and see it in law,that is not pure as equivalence.This article supports affirma tions.The third chapter is the essence and theoretical status of impurity.Not pure non-equivalence should be analyzed independently as an obligation,and it should be considered in terms of constitutive elements.The fourth chapter is not pure and not as the of the non-purity in Germany,Japan and our country,and makes a comment on it,so as to learn from it.On the basis of the above carding work for now not pure as main problems of the equivalence criterion are rethinking,not pure is not as committed equivalence criterion should be divided into three steps:first of all,judging from the perspective of form deontology obligations as the existence of the specific operation can be combined with the case to determine the particularity of the mode rate expansion as with and without obligation.Secondly,analyze the special behavioral elements in the related crimes and determine whether the crime may be constituted by omission.In the end,the judgment of whether or not the result of the violation of the law and interests is not realistic.The fifth chapter is in judicial practice application of equivalence and analyzes its reason.