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Research on the Causal Relationship of the Nonfeasance Crime

Author: WangChaoXu
Tutor: LiShuJuan
School: Zhengzhou University
Course: Criminal Law
Keywords: Not as a crime Causality Omission Omission
CLC: D914
Type: Master's thesis
Year: 2011
Downloads: 189
Quote: 1
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Abstract

A causal relationship between the omission and harm results, has always been hot issues in dispute in the Criminal Law causality study. Not as the behavior of some specific legal obligations to fulfill its responsibility, precisely because of its ability to fulfill its failure to perform negative omissions, eventually leading to the emergence of that could have been avoided harm results. Omission' dissertation">Omissions constitute the crime as a crime, the general outward manifestation is not as negative, intentionally or ignore the harmful results may occur. Not as a crime and can be divided into pure and not as a crime and not pure as a crime. The usually considered behavior omissions constitute criminal law provisions to explicitly provide to the crime of omission Omission scholars call the real Omission. Behavior omissions constitute provisions of criminal law clearly defined in order to constitute the crime as a way, the objective at the same time lead to the emergence of dangerous or statutory statutory real harm results Omission, also known as not truly not as guilty. The causality of criminal law is not the behavior of people responsible for the inevitable, but it is an objective basis for criminal liability of the perpetrator, not as a crime causality, the same is not the objective basis as the perpetrators of criminal responsibility, and thus not as a crime The causal relationship between the identified important practical significance to be investigated as a crime. Obligations source not as criminal behavior, not as a crime, and not as a crime causality, have had for a long time the controversy in the history of criminal law doctrine, so far still can not draw a convincing authoritative conclusions . This paper attempts to explore the question of causation as a crime from several parts. The first part, the author points as crime causality doctrine both foreign and domestic, are discussed in detail and summarized doctrine adequate preparation for in-depth study and grasp the causality not as a crime. Say for sure that the foreign crime causality doctrine admit it or not as crime causality is divided into two factions, and negation which certainly says in different crime causality argument is further divided into said his behavior in the first acts of said interference violation as obligations to prevent the possibility of that, arising from the use, he said guarantor. Domestic doctrine not as a crime causality positive to say in general is also divided into two views and negative. Which actively is divided into different reason to explain it as a crime as obligations in violation of said anti the fruit may say, a switching point that according to a specific argumentation reason different; negative says, is also divided into fiction theory and condition, saying that the two doctrines. The second part, the author discusses in detail and not as a crime causality different from the characteristics of crime causality. Not as a crime causation and causality as a crime causality order, diversity, and the objective existence of other features, but at the same time not as a crime causality reasons, reasons of force, internal structure is different from the as a crime causal relationship has its own particularity. The third part, from the theoretical level, not as a crime causality analysis and discussion, and not as a crime causal relationship identification and judgment were discussed in detail. Not from the fruit as a crime causality principle and anti-fruit destructive principle has been recognized by most scholars to explore, understand and help as a crime causality analysis and specifically identified in the reality principle. I believe that a distinction should be made between pure as a crime and not pure, not as a crime, and should be used pure identified as criminal causality violation as obligations that plus look forward to say as a crime causality identified; impure as a crime causal The identification of the relationship should be used to interfere said plus expect said. The fourth part of the above three parts as a crime causality discussed combined with the reality of the most controversial acts of omission - danger not to save, and to distinguish between different types of concrete analysis of their respective as a causal relationship Indifference to Danger is not as harmful results of causality, the danger does not save constitute pure and not as a crime; contrary, no criminal liability.

Research on the Causal Relationship of the Nonfeasance Crime

Abstract

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