The Nature Of The Obligation To Act As A Non Typical Omission

In the study of various issues that are not crimes,the issue of obligation can be said to be the core issue of impure inaction.At present,many scholars study the source of obligation,but analyze the nature of the obligation.Rarely,this article focuses on the case of Cui Mou's alleged traffic accidents,and analyzes the nature of the obligation as a principal.It discusses what kind of obligations can become an obligation of impure and inaction,and analyzes the traffic accidents and escapes.The question of the nature of the death of a person,by observing the act of impure inaction,can only be an obligation stipulated by laws other than criminal legal obligations,thus finding a reasonable basis for the rescue obligation of traffic accidents and escapes.This article is divided into four parts.The first part mainly introduces the basic situation of the case.Including the case,the case,disagreement,and finally analyze the main point of the dispute in this case: whether Cui has the obligation to rescue Hwang,that is,whether the obligations stipulated in other laws can become an obligation not to be purely a crime;If a certain person has the obligation to rescue Hwang,then what kind of crime should Cui's escape behavior cause to death? It is a crime of intentional homicide that constitutes a crime of traffic accidents caused by escape or death.The second part is the legal analysis of related issues.First of all,the analysis of the nature of the obligation,first analyzes the concept of obligation as a legal obligation to prevent the occurrence of harmful consequences in a specific situation,and draws conclusions that are not pure and not committed.As an obligation,it can only be a legal obligation,not a moral obligation.The law here does not include criminal law obligations,but only legal obligations other than criminal legal obligations.It stipulates the corresponding sanctions and can be recognized by the criminal law in order to become an obligation not to be purely a crime.Then,the analysis is made as the source of the obligation.By comparing the formal obligation statement with the substantive obligation,the author believes that the formal obligation should be adhered to but should be improved.Finally,combined with this case to analyze the episodes of traffic accidents and escapes,the understanding of escape,the source of traffic accidents and the nature of escape and death..The third part is the conclusion of this case.Through the analysis of the case and related legal principles,it is concluded that the vehicle driver's obligation to rescue the injured person as stipulated in Article 70 of the Road Traffic Safety Law can be used as a rescue for Hwang.The source of the obligation,in this case,due to Kim's behavior of stealing the steering wheel,the accident occurred.Cui's driving did not violate the road safety management regulations,so he could not be considered to constitute a traffic accident.Cui's behavior constituted a crime of intentional homicide.The fourth part is the research enlightenment of this case.Through the relevant analysis of the nature of the obligation,this paper further discusses the status quo of the obligation of the country as a source of obligation and insists on perfecting the formal obligation.