Conflict Of Obligations In Criminal Law

As a "super-law of the justification of the matter",Conflict of obligations in criminal law,is aimed at finding more ways to keep an act away from crime.Conflict of obligations is a significant legal theory.The research on the basic problems of the conflict of obligations will help to expand the scope of criminal legal theory and solve the problems of similar cases in judicial practice.First of all,this article starts with the concept of "obligation".By comparing the similarities and differences between "obligation" and "responsibility" and between "obligation" and "interest",we knew that a major feature of criminal obligation is "absoluteness".By comparing conflict of obligations between the departmental law and criminal law,we got that Conflict of obligations in Criminal Law refers to the situation in which the obligor is required to perform many obligations at the same time.In order to fulfill a certain obligation,he has to neglect other criminal obligations.The reason why Conflict of obligations is legitimate include three aspects.Firstly it does not have serious social harmfulness.Although the conflict of obligations and criminal acts are very similar sometimes,they do not have serious social harm and should be excluded from criminality.Furthermore,the spirit of modesty in criminal law is the internal basis for conflict of obligations.Finally,the conflict of obligations is also permitted by the principle of legality.There are different opinions on the legal nature of the conflict of obligations in the criminal law theory of the continental law system.By comparing various theories,we can see that the legal nature of the conflict is determinate rather than polybasic.It can not be fully covered by the act of rescue,but also has essential differences with the act of law.In addition,since the legal status of "conflict of obligations" as a legitimate cause has not been explicitly stipulated in the criminal laws of various countries,it should be called "super-law of the justification of the matter".The source of obligations in the conflict of obligations needs to be clarified from two aspects: fulfilled and non-fulfilled.The source of non-fulfilled obligation is closely related to the source of obligation violated by omission crime,but they are different.The source of unfulfilled obligations in the conflict of obligations must be t specified by criminal code.If an obligation is not determined in the criminal law,it does not belong to the scope of obligations in the criminal law.Combining the causes,processes and fields of the infringement of legal interests by omission crime,the source of the obligation of omission crime is defined as the supervision obligation arising from dangerous sources,the protection obligation arising from the trust relationship with the helpless state of legal interests,and the prevention obligation arising from the management of the field of dangerous occurrence.The sources of these obligations above all must be guaranteed by criminal code.In addition,the source of the obligation to be fulfilled should include not only the criminal obligation,but also the moral obligation.As for the judicial determination of the conflict of obligations,the author believes that the establishment of the conflict of obligations in criminal law requires the following conditions: the objective aspect includes the existence of several mutually exclusive obligations and the result of damage;the subjective aspect includes that the obligor has no fault in the occurrence of the conflict of obligations.On the basis of defining the conditions for the establishment of the conflict of obligations,it is also necessary to elaborate the subjective and objective manifestations and legal consequences of the legitimate act,the improper act and the hypothetical conflict of obligations in the context of the current criminal legal theory.