The Study On The Equi Ivalent Of Offenses Of Nontypical Omission In The Perspective Of The Judicial Practical Case

In the continental law system,the equivalence is one of the core contents of the theory of impure omission.The equivalence between the fact of crime constitution realized by omission and the actual illegal value of the crime constituted by act is the theory of equivalence.In the process of studying the theory of impure omission,Germany,Japan and other countries pay more attention to the study of equivalence as the core theory,but our country is still in the initial stage.The important value of equivalence theory appears day by day,which has attracted the attention of scholars at home and abroad.Therefore,this paper studies the equivalence of impure omission from the perspective of judicial case,and at the same time combines the domestic and foreign theories of equivalence,including the criterion of equivalence,the essence,the content of system orientation,and the content of the theory of equivalence at home and abroad,including the criterion of equivalence,the essence,and the content of system positioning.Therefore,the equivalence theory is applied to guide the judicial practice of our country,which is expected to contribute one's own strength.The main content of this paper is to study the equivalence of offenses of nontypical omission in the perspective of the judicial practical case in our country.The first is to examine our country is not pure omission of the judicial case.In view of this,the author sorts out the judicial cases in the last three years,and then finds and sums up the problem of equivalence involved in the handling of judicial practice in our country.Secondly,carrying on the theoretical discussion of the equivalence of the crime of impure omission.This paper probes into the necessity,the essence and the system orientation,the criterion of judgment of the crime of impure omission.Among them,the research on the criterion of equivalence is an important part.In this regard,the author sums up the views of scholars both at home and abroad.And through the analysis to produce the author's opinion.Finally,it is about the application of the judicial practical case of the theory of the equivalence of the non-pure omission crime.The author elaborates from two aspects: the embodiment of the equivalence in the judicial case and the judgment of the equivalence in the judicial case.On the basis of this,the author sums up the content of the advocacy of the equivalence of the non-pure omission crime from the perspective of the judicial practical case.