A Study On The Obligation Of Non-real Omission

The concept of criminal law theory has not been clearly defined for the concept of not actually committing crimes.The constitutional elements can also be divided into different opinions,which makes the judicial practice circles have different standards for not actually not committing convictions,and it is easy to lead to different judgments.Case.As a core issue of obligation as a non-inaction,the discussion is one after another.The author intends to analyze the current situation of the case and the main controversial issues in the judicial practice through the analysis of the non-inaction and its obligations,and then put forward a glimpse of perfecting the criminal law norms in China.This article is divided into four parts to discuss:The first part is the combing of the basic theory and the analysis of the case profile.The first is the introduction of the theory of non-inaction and its basic theory of obligation,including the connotation,constitutional elements,the connotation and nature of the obligation,and the status of the obligation as a duty in the criminal system.The statistics and analysis of big data reports that are not really not used as crime cases,and select typical cases for deep analysis.The precise definition of the source of the obligation not to be a non-infringement,and the precise definition of the obligation not to be a non-infringer are the key to solving the problem of not actually committing crimes in our country;the second part is the theoretical development as an obligation.As the source of the obligation,the problem is not the primary problem of not committing crimes.Its development has mainly been through three stages: the source of formal obligations,the source of substantive obligations,the source of formal obligations and the source of substantive obligations.Firstly,it analyzes the form as a theory of obligation,introduces the different representative theories of the civil law system and the common law system,and expounds the relevant theoretical research in mainland China.Secondly,it discusses the substantive theory of obligation,focuses on the analysis of the German-Japanese criminal law theory,and introduces the essence of China as a theory of obligation.Finally,it analyzes the viewpoint of the unity of form and substantive obligation,and puts forward its own viewpoints.The third part focuses on the issue of the first-class behavior as the most important obligation in judicial practice.Whether the first act can be the source of the obligation,how the boundaries of the first act should be reasonably defined,and whether the criminal act can become the first act.It is emphasized that the predecessor behavior can be the source of the obligation,the definition of the predecessor behaviorfollows the objective attribution theory,and the viewpoint that the criminal behavior can be the predecessor should be discussed.The fourth part discusses the non-inaction.Whether or not the offense violates the statutory principle of crimes,and puts forward the idea that it does not really violate the principle of criminal law,and puts forward its own ideas on the legislation that does not really commit crimes.