Not As A Crime As An Obligation To Study

Along with the increasing diversification of criminal psychology and criminal means,non-action crime has become a crucial and intractable filed with regard to crime management.The action obligation theory of non-action crime investigates the establishment,scope,causal relationship and criminal responsibility of non-action crime in relation judiciary practice.Given this,criminal law theory circle has never interrupted the researches on non-action crime.On the basis of teasing previous non-action theory research results,this paper clarifies the theory research status of non-action crime action obligation source,analyze and research the issues relevant to the non-action crime action obligation degree.At last,it discusses the judicial applications of non-action crime action obligation,in order to make the theoretical research available to juridical practice.In the first part,compares the action obligation theory and legislation of non-action crime.It mainly expounds the main theories of non-action crime action obligation,the legislations related to action obligation in the major countries across the globe as well as the comparisons between the legislations of different counties.From formal action obligation to specific fact-dominated relation theory,it reflects the different requirements of crime governance on action obligation in different times,the fact that the different or similar legislations of different countries reflect various national conditions as well as the universality of action obligation theory.It has an overall grasp of the action obligation theory of non-action crime through discussing this part.Part two is about the action obligation foundation of non-action crime.It expounds the representatives and their main viewpoints of formal legal obligation theory,substantive legal obligation theory and functional dichotomy,reflecting the evolution process of action obligation foundation theory.It teases several major action obligation form foundations and analyzes the main viewpoints and existing values of various types of action obligation.Part three focuses on the action obligation degree of non-action crime.There are few existing theoretical achievements for this part.Starting with analyzing and differentiating the reasons for action obligation degree,this paper discusses the value of action obligationdegree in the establishment,scope and causal relationship of non-action crime,analyzing the criteria of action obligation degree.Part four is about the judicial application of the action obligation of non-action crime.This part is the foothold of this paper as well as the major manifestation of the fore-going research results.Through analyzing and investigating two typical cases of non-action crime,it draws the following conclusions of the research in this paper.The main formal foundation of non-action crime action obligation should be determined.Attention should be paid to the function of substantive foundation of non-action crime action obligation.Importance should be attached to the application of action obligation degree theory to assist the conviction and sentencing of non-action crime.Eventually,it is committed to advancing the legislative process of non-action crime.