Attribution And Responsibility Of Unreal Criminal Omission

Causality as an objective constituent element of crime,has the function of connecting the act with the result.The crime of omission has no observable behavior and causal relationship from the outside.For the realization of the causal process of omission crime,the natural manifestation of its constitutive elements is irrelevant,that is,the decisive factor is whether it violates specific obligations.In the theoretical construction system of the non-real omission crime,the basis of guarantor's status is distinguished from causality,and the guarantor's status is placed on the premise of judging the result imputation.As for the examination of the causality of omission,only by equating omission with the proper act as a constituent element,can we explore the possibility of attribution of omission.Based on this,the article is composed of the following four parts:In the first part,in order to explain the conditions under which the omission can be applied as a constituent element,the equivalence argument is put forward.To get rid of the myth of equivalence theory,it is necessary to clarify that equivalence belongs to the equivalence of facts in the conformity stage of constituent elements.Equivalence is not a condition for the establishment of obligations.As a precondition for judging the establishment of causation of omission,causation is not a conditional factor for the formation of obligation.The second part,the behavioral nature of omission is discussed from the behavioral theory,and then the practice behavior is examined.The specific acts of omission that are not required by the law are the same as those that are actively implemented in the sense of social non-price,and the omission and the act are the equivalence of the acts.The realization of the result of omission is a step-by-step process,and it is possible to cut off the causal flow before the constituent elements are sufficient.Therefore,the judgment of the time point of the act of omission must be based on the time when the object is directly in danger,and the determination of attempt should be based on the degree of direct danger..The third part,regarding the causality of omission crime,this article adopts the positive affirmative theory to the objective attribution theory.The doctrine of causal domination of consequence usually governs the process of constitutive requirements from the actor's actual control and neglects to prevent the occurrence of consequencewhile backtracking demonstration is the obligation.This theory confuses the obligation of omission with the causality and makes the scope of guarantor's liability too wide.It is necessary to restrict it objectively based on the theory of dangerous rules.The fourth part,the result of crime is attributable to omission,not only attribution judgment but also attribution judgment.Firstly,in the attribution stage,we can prove the causal relationship of omission,and abstractly determine the results of sufficient constituent elements.Secondly,it standardizes the review with the risk rules.The first-mover guarantor can only apply the risk reduction theory to the laissez-faire of the existing risk.The original guarantor or other derivative guarantor may have the risk that the fragile legal interests can not be allowed by creative means.Afterwards,it objectively explains the constituent elements of openness with the purpose of normative protection.And it can not be simply equated with legal interests.The act of substitution of joint obligation should be transformed into the validity of preventing the result in the crime of omission.This is also the significance of exploring the problem of avoidance of consequence of omission after the hypothetical causal process.Finally,it judges whether the result of the constituent elements achieved belongs to the breach of obligations of the actor based on the status of guarantor.