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Discussion on the Source of Obligation in Negative Crime

Author: HouTao
Tutor: WangZhenJiang
School: Lanzhou University
Course: Legal
Keywords: negative crime source of obligation legal action
CLC: D924.1
Type: Master's thesis
Year: 2009
Downloads: 269
Quote: 0
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Abstract


Negative crime is one of the basic form of the crime, which has all the features of crime. Its essence is able to perform specific obligations but it does not perform. Compared with the action crime, negative crime in the penology is more complex and more controversial. The obligation source of negative crime is the core problem of the negative crime. It is basic to study the negative crime ulteriorly, we need to pay more attention and take it seriously. Many domestic and foreign scholars have done a lot of exposition to the problems of negative crime’s obligations source. The countries of Continental Legal System have two version, the latitudinarian action duty and virtual action obligation said. But there are three sources said, four sources said, five and six source said in china. This text tries to cite domestic and foreign theories, which launchs to analyze and study the negative crime of obligation source.It is divided into four parts. It talks about some of the basic theory of crime and expounds the concept, developing and evolution of the negative crime mainly in the first part. The second part discusses the source of obligations committed concept and classification. And it enumerates about a lot of theory of the negative crime’s obligations source in domestic and foreign. The third part is the key, main sources of not as obligation is analyzed. The author analyzed in comparison with four sources of lawsuits etc, professor, said that: (1) ruled by law; (2) duties and obligations on business requirements; (3) legal behavior (contract), voluntary behavior of obligation; (4) the first obligation. It discusses that whether the relative becomes one of negative crime’s obligations simply. The fourth part has proposed the legislation proposals of the negative crime. This is a need of perfect criminal theory and the judicial practice guidance. Considering the complexity of the negative crime , the author propose to lay down in general regulation and section regulation separately.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > General Provisions
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