On The Conflict Of Obligations In Criminal Law

The conflict of obligations is a very important criminal law issue that is the first concern of German and Japanese criminal law theory.In recent years,many domestic scholars have also explored this issue.Through the study of this and related issues,we can improve the positioning of the theory of obligation conflict in criminal law on the basis of existing theories,and better explore the nature and specific application of conflicts.Incorporating the conflict of obligations into the scope of criminal law considerations,to a large extent distinguish it from emergency hedging and legitimate defense.In order to have a clearer boundary,it will promote the study of justification in criminal theory,and to a certain extent,improve the criminal theory system in our country.The conflict of obligations has its rationality in criminal law,and it is also because of the important practical significance of the study of this issue.First of all,the study of the conflict of obligations in the criminal law is not only the choice of obligations and obligations,the confrontation between interests and interests,but also the trade-off of the value orientation behind the conflict of obligations.Secondly,the study of conflicts of obligations can guide the actors to make a rational choice that is beneficial to society when faced with multiple obligations.Studying the resolution of conflicts of obligations in criminal law is also of great practical significance for China’s future judicial trial activities.Exploring the specific solutions to conflicts of conflicts can provide an effective solution for the resolution of complex cases in the future.Based on the theoretical and practical significance of the conflict of obligations,this paper analyzes the different aspects of the conflict of obligations and is divided into four chapters.The first chapter is the introduction part of the conflict of obligations in criminal law.Including research background and significance,research status at home and abroad,research methods and innovations.The second chapter discusses the concept of obligations and the sources of obligations in criminal law.Analyze and discuss whether the moral obligation can be the source of the obligation.In addition,it expounds the various manifestations of the conflict of obligations,and based on different theories and viewpoints,analyzes the disputes of the legal nature of theconflict of obligations,and finally expresses the author’s comments on the above various viewpoints.The third chapter uses the actor as the entry point to expound the problems faced by the actor in the conflict of obligations.Analyze the value orientation of the actors in the conflict of obligations and the trade-off between obligations and interests.And the behavioral mode of legitimate behavior is elaborated from two levels: the theoretical basis of legitimate choice and the measurement factor of proper choice.In-depth analysis of the simple wrong choice behavior,the intentional failure to perform the obligation,the choice behavior under the misconception,and the non-selection behavior.The entire chapter of the fourth chapter will focus on the resolution of the conflict of obligations.Firstly,it defines the legal nature of the conflict of obligations,and tries to explore the specific application of the issue of conflict of obligations in China,and the commitment of related criminal responsibility.In addition,it expounds the nature of the obligations in the criminal law and the relationship with the interests,and provides theoretical guidance for the behavior of the actors in the conflict of obligations.And at the level of value,the choices that should be made to resolve the conflict of obligations,as well as the requirements in practice.Finally,the principle of treatment is given for the positive selection behavior and the negative selection behavior,and the method strategy is provided for the better use of the obligation conflict theory in the future.