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On Non-action and the Personal Responsibility of Co-crime

Author: LiuHu
Tutor: YuShuYi
School: Lanzhou University
Course: Legal
Keywords: Non-action Personal responsibility Theory of partial co-crime The termination of partial co-crime
CLC: D914
Type: Master's thesis
Year: 2008
Downloads: 70
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Abstract

The principle of personal responsibility was advocated by the criminal law in modern times and the current criminal law also strictly implements the self-responsible principle. To the writer’s knowledge, in the study of current co-crime, in particular, the essence of co-crime and the identification of the termination of partial co-crime, the principle of personal responsibility fails to be executed thoroughly. This evident phenomenon makes criminal individual overload with non-personal criminal responsibility due to someone else’s crime.As for the reasons, the writer thinks that the positive conduct of co-crime was overemphasized in the previous study of co-crime, that is, one of the manifestations of hazard conduct—Action, of which the problems are discussed only from this perspective, but ignored the other form—Non-action. These two forms are separated conducts and at times analyzing from a different angle, they are both—One thing with two sides. The trouble of current theory of co-crime lies in not noticing the double sides of co-crime. Therefore, in this article, the writer endeavors to thoroughly implement the principle of personal responsibility, and firmly stick to the logical order of personal crime—co-crime—personal responsibility. Taking the theory of "Non-action" as a instrument, it describes two related issues in the theory of co-crime, namely, the improvement of theory of partial co-crime and the termination of partial co-crime.This article has altogether four chapters. Chapter 1: Essence of co-crime. In this chapter, we mainly introduce the basic content of principle of personal responsibility, the implication of the popular co-theory of partial co-crime and co-theory of conduct in the current criminal circle, and the pros and cons of the two co-theory based on the spirit of law-making. But it is skeptical that the co-theory of crime goes against the principle of personal responsibility.Chapter 2: Analysis of partial termination of co-crime. It includes general introduction to the theory of partial termination of co-crime and an Japanese scholar, DaZhongren’s Deviation From Co-crime. It also points out the defect of the two theories, while the former denies the state of objective existence, and the latter is too abstract to be put into reality.Chapter 3: One of the manifestations of hazard conducts: Non-action. Major analysis of the concept and objective condition of non-action criminal. In particular it focuses on the conductor’s implementation of certain positive conduct, that is, the lawful obligation and the capability of execution.Chapter 4: Application of Non-action theory. The application of Non-action theory supplements the defects of co-theory of crime and makes it more perfect. It describes the real existence of the partial termination of co-crime under the success of co-crime.

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