Research On The Degree Of Obligation Of The Omission Crime

This paper argues that there are different degrees of obligation of the omission crime.The theory of degree of obligation is a supplement to the theory of duty of act.It is necessary and possible to distinguish different degrees of obligations.The degree of obligation is a kind of qualitative relationship,which refers to the scope of the content of the obligation.It includes both the limitation of a single obligation and the comparison between obligations.It is a process of quantification as an obligation.The essence of the theory of degree of obligation is to explore who should assume the obligation and what kind of the obligation.Judging from the development of the theory of duty of act,the theory of degree of obligation is a logical progression from "should" to "higher degree".It provides a new perspective on the judgment to whether there is an obligation.Judgment of the degree of obligation needs to consider such as the distribution form and the influencing factors of the degree of obligation.The distribution forms of obligations include superimposed state,scattered state and conflict state.The influencing factors of the degree of obligation include normative elements and factual elements.The final determination of the degree of obligation requires a case-by-case analysis using a comprehensive judgment method.According to the theory of degree of obligation,when the degree of obligation is changed and exceeds its limit,this degree of change affects the judgment of the existence of the obligation.This allows the distinction between crime and not a crime to be achieved.As a degree distinction between obligations,it can realize the distinction between this kind of crime and the other kind of crime,the less serious crime and the heavier crime.It is hoped that the theory of degree of obligation can provide operational demonstration for judicial practice.