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On the omission of crime and its causation

Author: TuShuai
Tutor: ZhangJianRong
School: China University of Political Science
Course: Legal
Keywords: Omission Behavior Causality Cause force
CLC: D914
Type: Master's thesis
Year: 2011
Downloads: 267
Quote: 1
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Abstract

Not as a crime is a criminal law theory in the key and difficult problems , rather than as a crime issue of causation is not a crime in the difficult theory . Surrounding the crime and its causation is not a problem , criminal law scholars engaged in a fierce debate , nearly two centuries doctrine everywhere, but it has always been inconclusive , the basic point of contention is not as focused on sexual behavior , not as a cause of crime force , criminal Law and Philosophy causal relationship between causality and positioning method for determining the cause of criminal law , not as a crime against fruit from the fruit of the destructive , not as a crime causation and criminal responsibility and other issues. \properly understood start. Constitute a crime in our criminal law theory , behavior, should be a natural person or unit implemented with serious social harm act or relatively static . Criminal causation theory discussed in philosophical reasons can not be exactly the same as causality reasons, can become the cause of criminal law , only legal facts , and must be of human behavior . Therefore Criminal causation reasons, should be in the normal development of an event in the process of intervention and intervention from the behavior of some people , because the result is caused by a sufficient condition for an essential part . Specific to the omission of the crime , should be looking for reasons philosophical theories of causation advanced guidance , combined with particularity is not a crime . Not as a crime that is legally actors obligations arising from acts or because first obligation, he was not able to fulfill the obligation to fulfill , and have caused serious social harm results , thus violating the criminal law and should be punished by the penalty behavior. Is there not a crime against reason with the problem , and foreign criminal law experts said were certainly raised , quasi says Causality and negate other point of view. In contrast, certain that more scientific , however , the existing certainly never said most are not starting their own argument as the reason is not a force acts , and admit you do not have anti- fruit as destructive , however , is not anti- fruit -destructive All is not as guilty of common characteristics. Indeed, in some not as a crime , it is not the act does not have anti- destructive fruit , but has since Fruit . Therefore, not as a reason to force the judgment should be case-specific analysis . The reason is not a crime that is not a characteristic of its own particularity , that the perpetrator bears criminal law recognized by the legal obligations arising from acts or by his first specific obligations as a precondition. Because is not a crime causation with particularity the reasons , not as a criminal who has become the source of the obligation is not identified as a key establishment . Causality is not a crime is not a crime recognized established an important basis for determining criminal responsibility as a human being is not of great practical significance. In the investigated criminal responsibility as a human being is not to deal with anti- damaging effects of fruit and not as a role to play , not as from the fruit to be treated differently. Specifically, can have damaging effects against fruit omission appropriate sentences , while the play does not play the role as the fruit is not a lighter punishment , so this side adapted to meet the crime and the basic principles of criminal law .

On the omission of crime and its causation

Abstract

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