The Study Omission Auxiliary

The theoretical study of inaction is extremely complex,because it is difficult to study one of the crimes of inaction and the theory of joint crime,not to mention the criminal part of the intersection of the two.This kind of crime is full of controversy in foreign academic circles,and does not form a theoretical point of view acceptable to all parties.In the academic circles of our country,there is less discussion about the helper,which is scattered in the doctoral thesis and academic journals,and it is precisely because of this situation that this paper makes it the object of the research,and carries on the detailed analysis to it.It is hoped that academic advice can be provided on the debate over inaction and that the criteria for determining judgment can be provided when the judiciary determines that it does not act as a help offender.This paper mainly introduces the basic connotation and establishment condition of the non-helping crime,and obtains the distinguishing criterion of the cause and effect to realize the process domination,uses the standard to perfect the deficiency in the judicial practice of our country,and initially forms the system framework that does not act as the help offender.The full text is divided into four parts: introduction,the connotation of the help offender,the dispute of the establishment condition,the identification of the non-act to help the offender and the judicial application.The first part is the introduction.This part mainly introduces the background and significance of the research on inaction,the research status,research methods and innovation points in this field at home and abroad.The second part is about the disagreement about the connotation of inaction,there is a point of view to deny the existence of the helper,that the establishment of a positive offender in principle.The author takes the power of the omission to the behavior and the result in the course of the crime to affirm the existence of the helper,and when he commits the crime together with others,the other person can be acting as or can be the form of inaction.The third part is the establishment of the Non-act to help the conditions of the dispute,the main disputes are: as the necessity of obligation,some scholars believe that inaction does not need to have as an obligation,the help of inaction is only to promote criminal acts,theresults of a reason can be.This would make it possible for a person who is not an obligation to form an accomplice to inaction and to expand the scope of the penalty,so that it is a prerequisite as an obligation.This part also includes disputes as a basis for the occurrence of obligations,as a source of obligations,as a possibility and as a possibility of avoidance of results.The fourth part is the identification of the assistant offender of omission.Based on the distinction between non-principal offender and non-principal offender,this paper introduces and evaluates all kinds of distinction criteria,and draws the distinction criteria of generalized behavioral domination in the view of this paper,i.e.comprehensive investigation of behavior and results for judgment.When both behavior and result are dominated,they belong to the substantive level of behavior domination;when the behavior can not be dominated,but can only be dominated by the realization of the result,the ownership of the result should also be affirmed.It can be divided into two stages: the simple non-stop stage,in principle the establishment of accessory offenders;the non-prevention stage of harmful consequences,in this stage it can be divided into the simple non-prevention stage,the establishment of a separate principal offender in principle,and the non-prevention and non-prevention of the occurrence of results,according to the principle of the treatment of absorbable offenders,the establishment of a separate principal offender.In the last section of this part,the above distinction criteria will be applied specifically.In different types of accomplice as omission,the establishment of the accomplice as omission or the principal offender as omission will be identified concretely.At last,it analyses the typical cases in judicial practice,points out the shortcomings of the assistant offender of omission in our country,and puts forward some perfect suggestions based on the generalized behavior domination theory mentioned above.