The Research On The Legalization Of Moral Obligation Of Impure Omission Crime

The research on the act obligation of impure omission crime has always been the focus of criminal law.The source of obligation is very complex,often involving moral issues.In order to balance the relationship between morality and law,China’s criminal law in the absence of corresponding norms,judicial practice tends to pay more attention to the consideration of moral obligation.After all,law is inseparable from society.The ultimate goal of legal norms is to adjust social contradictions and maintain social harmony,so as to imperceptibly cultivate citizens to have a certain sense of social responsibility.However,nowadays in Chinese society,the moral level of citizens has a downward trend.When a specific person in a social relationship fails to perform a certain moral or legal obligation due to his weak sense of social responsibility,or fails to act without specific obligation,the social relationship may not develop in a healthy and orderly way,but will develop in the direction of harmful results.The author believes that the citizens’ failure to rescue and inform when they see danger,as well as the laissez faire non supervision of the source of danger,do great harm to the public interest.Therefore,under special circumstances,the subject of omission may become a potential impure omission crime.Comparatively speaking,the western countries,which do not advocate the duty standard,bring the moral relief obligation into the legal norms and make it a personal compulsory obligation.For example,Germany’s action of "not saving when in danger" into the criminal law is worth our reference.Therefore,it is necessary for the author to study the legalization of the moral obligation of the impure omission crime: that is,to study whether some moral obligations can become the source of the obligation,and how to legalize them.Therefore,the article is divided into the following three partsThe first part discusses the concept of impure omission crime and its social causes.Firstly,through the main theories,this paper explains the concept definition and normative structure of impure omission crime,and puts forward the understanding of the concept and normative structure of impure omission crime;Then,according to the understanding and revision of the concept connotation of the impure omission crime,the characteristics of the impure omission crime are discussed;Secondly,from the perspective of social morality,this paper discusses the social causes of impure omission crime,which are divided into three aspects: cultural tradition,social psychology and social security;The second part discusses the source of moral obligation as impure omission crime.In the discussion of the source of obligation,the content of moral obligation involved in formal obligation and substantive obligation is clarified firstly,and then the relationship between moral obligation and formal obligation and substantive obligation is discussed emphatically;Secondly,it discusses whether moral obligation can be the basis of obligation source,which can be divided into legal source,legal basis and realistic basis;Finally,if the moral obligation can become the source of obligation,then which special moral obligation can become the source of obligation,this paper is divided into the legal interest protection obligation of rescuing in danger,the obligation of informing in danger of maintaining public order and the supervision obligation of the people related to the source of danger.The third part discusses the suggestion of legalization of moral obligation in impure omission crime.It is divided into two parts: the general idea and content design of the legalization of moral obligation.First of all,we should pay attention to the universal morality of law in the legalization of moral obligation.The order value of law should be embodied in the legal norms of major moral obligations.In some legal issues involving public morality,personal and public interests,we should strengthen the judicial interpretation according to the current judicial situation and the specific situation,so as to improve the legislation;Secondly,we should give some legislative suggestions on the impure omission crime.If the major moral obligation is legalized,then the criminal legislation of the moral obligation problems such as the omission causing the destruction of public order,the failure to inform,the failure to rescue,and the supervision responsibility of the source of danger,should elaborate the basis and specific legislative suggestions.