The Close Community Relationship In The Criminal Law Is Regarded As A Compulsory Study

There is little discussion on the theory of close community relationship in China's criminal law theory,while there is little research on whether close community relationship can produce the obligation of omission,and how to grasp the close degree between close communities.However,in real life,when members of the close ommunity are in danger due to sudden illness or accidental accidents,other members of the community will cause significant personal and even life and legal damages if they do not give assistance.Therefore,whether the close community relationship can be used as the source of the obligation of omission,and how much scope and limitation its members should undertake the obligation of salvation,have become a practical and worthy of study in criminal law.In this paper,the above issues are divided into four parts to discuss in order to benefit the theory and practice of criminal law.The first part is about the theory of the close community relationship.Firstly,it defines the concept of close community relationship from the concept origin and theoretical connotation of close community relationship.Secondly,it discusses the scope of the establishment of close community relationship on the basis of establishing the principle of determining close community relationship.Finally,the basic classification and dissolution of close community relations are discussed.For the close living coirununity,it mainly discusses the close community relationship formed by the relationship between relatives,marriage and cohabitation similar to marriage;for the dangerous community,it first clarifies its concept and characteristics,and then discusses whether it has the obligation of salvation according to the legality of dangerous activities.The second part is to discuss the normative value of the close community relationship for the crime of omission.Firstly,there is a debate on whether close community relationship can be considered for a source of obligation;secondly,there is a distinction between close community relationship and other sources of obligation;lastly,it focuses on answering some questions about close community relationship becoming a source of obligation.The third part is about the necessity and feasibility of close community relationship as a source of obligation.This article elaborates the necessity of close community relationship as the source of obligation from the defects of traditional theory of source of obligation,the infringement of legal interests of non-action crime committed by members of close community and the lack of legislation of non-action crime committed by members of close community.As for the feasibility of close community relationship as the source of obligation,firstly,the article explains the legal basis of close community relationship as the source of substantive obligation from three aspects:the relationship between people,the construction of trust relationship and the guidance of legal spirit;secondly,through the study of extraterritorial theory,the article hopes to gain the experience of taking close community relationship as the source of obligation.The fourth part puts forward implementation path about the close community relationship as the obligation.Firstly,the article limits the scope of guarantor in order to determine the guarantor's obligation reasonably by restricting the scope of protecting legal interests and discussing whether to rescue suicide.Secondly,in the judicial path,it judges the members of the close community by considering the objective factors of rescue comprehensively,that is,the possibility,the degree of fulfillment of obligations and the rescue measures.Whether the obligation to act has been reasonably fulfilled.