| Everyone plays different roles in the social life full of diversity and complexity.Right behavior can be exercised can be abandoned,and in the process of performing the inescapable obligations,legal norms are the minimum code of conduct that people need to abide by.Due to the limitation of people’s own ability and the incompatibility between legal norms,various kinds of obligations are likely to be in conflict,so the phenomenon of obligation conflict is not uncommon.In the case of the conflict of obligations,if at least one obligation is related to the crime or punishment and has the possibility of criminal liability,the criminal legal obligation with criminal significance can enter the research scope of the conflict of obligations.And the criminal law is the safeguard law of other branch law,what distinction does the obligation in the criminal law and the obligation that other law norm sets have after all and connection? How to balance the tension between criminal law obligation and other law obligation and various criminal law obligation has become an eternal research content in criminal law.This paper selects the study of the conflict of criminal obligation as the topic and divides the content into three chapters.The first chapter sorts out the basic content of the conflict of criminal obligation,including its connotation,classification,constitution and so on.The second chapter introduces the principle and procedure of reviewing the situation of obligation conflict.This paper expounds the justifications of the conflict of obligations and simply analyzes each theory and point of view.The third chapter is the last part of the article,first make a summary on the existing obligations conflict theory,points out that the traditional theory of obligation conflict in criminal law obligations,the lack of content and the author understand the criminal law of the relevant content of added into obligations conflict theory,finally stand in different perspective down some author’s thinking about obligation conflict theory and its solutions.Throughout the domestic and foreign research on the conflict of obligations,the focus is mainly on the conflict of obligations and the analysis of the theory itself,and for the premise of the conflict of obligations,Criminal law obligation is seldom involved.The author thinks that the discussion of the theory of duty conflict needs to be based on a clear definition and understanding of the premise of duty conflict.In addition,the criminal law obligation to contain not only the requests of the behavior mode of the criminal law,on the back of the behavior patterns also bearing the weight of the value norms and values of criminal law,criminal law of the conflict is essentially obligations behind the opposition between the value of the criminal law,in this case the offender into which a choice to perform the obligation to meet the requirements of the criminal law of confusion,and the theory content of obligation conflict is to solve the embarrassment of the conductors,for the conflict of obligations under the actor’s choice to provide a predictable basis.Therefore,this paper studies the content of the conflict of obligations in criminal law,aiming to clearly define the premise of the theory of the conflict of obligations,and on the basis of recognizing that the essence of the conflict of obligations is the conflict between the values of criminal law,to enrich the content of the theory of the conflict of obligations.In addition,the situation of obligationconflict exists objectively.In the face of the inevitable obligation conflict,how to evaluate the choice behavior of the actor,so as to balance the obligation performance stipulated by legislation and the realization of the value of criminal justice in judicial practice is also the task of this paper to study the theory of obligation conflict. |
