The Equivalence Of Typical Omission

There is a natural difference in the existing structure and standard structure between the offense of non-typical omission and the crime of act.The equivalence of non-typical omission answer the question whether it is a false that punish the non-typical crime according to the crime of act violates the principle of legality.The equivalence of non-typical omission occupies a dominant position in the study of the theory of non-typical omission,clarifying its judgment criteria.It is of great significance for the study of the theory of non-typical omission.Other countries have many studies of equivalence,and scholars put forward many representative theories.However,the study of equivalence has not cause due attention in China.The author tries to summarize the theory of equivalence and put forward a specific judgment standard.Besides the introduction,the paper is divided into four chapters:Chapter one is an expound of the equivalence of non-typical omission.The first section introduce the development process of equivalence.The second part sort out the meaning of equivalence.The third section defined the system status of equivalence.The second chapter is about the theory and evaluation of the judgment standard at home and abroad.Firstly,it expounds various judgment standards abroad and the author's comments on various theories,which can be roughly divided into three categories: subjective theory,objective theory and comprehensive factor judgment theory.The subjective theory can be divided into the doctrine of legal antagonism and the active use of the doctrine.Objective theory can be divided into obligation qualification theory and risk reason hypothesis.The theory of synthetic factor judgment combines objective theory and subjective theory,and judges equivalence by combining subjective and objective theory.The views of domestic scholars mainly include:two-level theory of investigation,standard definition,comprehensive judgment,degree of obligation and social equivalence.In chapter three,the author puts forward the concrete criterion of equivalence by combing the criterion theory of equivalence.The equivalence of non-typical omission and crime should be judged from three aspects: the possibility ofpreventing the occurrence of the result,the power of exclusiveness,and the immediate danger of legal interests.When the victim is faced with imminent danger,the offender should have the possibility of fulfilling his duty.Law don't force a man to do what is impossible,and there is not equivalent if the omission is not possible to fulfill the obligation.Moreover,the dependence of specific legal interests on the crime of omission has exclusive power,and the act of omission of the crime of omission leads to the infringement of legal interests.The fourth chapter is the application of specific standards in our judicial practice.The specific equivalence criteria are used in the crime of intentional homicide and inaction after the hit-and-run accident,the omission fraud and the crime of fraud.