Research On The Equivalence Of Impure Omission

The theoretical study of impure and inaction crimes has always been a hot and difficult point in the criminal law theory,The equivalence of impunity and inaction is an important breakthrough in the study of this type of crime.The so-called equivalence of the crime of impureness and inaction is whether the way of inaction in the crime of inaction can have the same value as the crime in terms of constitutive elements.In recent years,around this issue,scholars from various countries have proposed many representative theories.Similarly,solving equivalence is crucial for the study of inaction crime theory.China's criminal law only stipulates the elements of pure inaction and crime,but does not explicitly stipulate the elements of impureness and inaction.At this level,it has been suggested that the punishment of impure and inaction crimes in judicial practice is contrary to the principle of criminal law crimes.Under such circumstances,equivalence research helps to resolve this contradiction,and promotes a balance betweencriminal punishment for crimes and the protection of human rights.This article combs through research doctrines of equivalence of impureness and inaction by different scholars at home and abroad.Analyze the nature of the equivalence problem,put forward your own understanding of the problem,and hope to re-construct a set of relatively uniform and effective judgment criteria for equivalence,and test it in specific cases.The full text includes six parts.The first part introduces the research purpose and significance,research content and method,and literature review.The research methods mainly adopt comparative research method,literature research method,case analysis method,etc.The second part mainly summarizes the issue of equivalence,explains the role of equivalence,introduces the theoretical controversy of equivalence,and mainly clarifies the necessity of equivalence theory and the possibility of equivalence theory.The function of equivalence is to resolve the contradiction between the punishment of impure inaction and the legal principle of crime.The controversy of the equivalence theory lies in its necessity and possibility analysis.This article takes a positive attitude towards the equivalence of impure and inaction crimes.The third part mainly introduces the theoretical controversy of the "equivalence" theory.After combing,it is divided into two major categories,namely the theory that advocates independent research on equivalence and the theory that promotes equivalence as an obligation.The theories that advocate the equivalence of independent research mainly include subjective theory,monograph theory,overall evaluation theory,and value theories.This article focuses on collating the doctrines of Chinese scholars on this issue.The main doctrines are comprehensive judgment theory,constitutive element judgment theory,limitation as obligation theory,as obligation theory,etc.At the same time,there is also the view of equivalence negation.After sorting out these viewpoints,the author believes that the equivalence judgment should be made by relying on the constituent elements.The fourth part is to analyze the essence of the equivalence theory,and explain it through three aspects:equivalence of behavior,equivalence of facts of crime,and equivalence of crime as a whole.Consider equivalence at three levels:illegality,responsibility.The fifth part is the question of the criterion of equivalence.The doctrines of equivalence judgment standards in civil law countries such as Germany and Japan and Chinese academic circles were reviewed and analyzed,and their own opinions were put forward in order to reconstruct the equivalence judgment standards and determine the judgment standards.The sixth part tests the equivalence judgment standard in practice by substituting the proposed standard into three specific judicial practice cases for testing,and verifying this standard through specific cases,so as to facilitate judicial practice.To play a certain reference role.