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The Study of the Omission Obligation

Author: WeiXueTao
Tutor: CaiJun
School: Henan University
Course: Criminal Law
Keywords: Omission As an obligation Form as an obligation Substance as an obligation
CLC: D914
Type: Master's thesis
Year: 2010
Downloads: 215
Quote: 2
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Abstract

Omission problem in China in recent years, criminal legislation and criminal justice theoretical issues, but also as an obligation Omissions core content, so as an obligation on the identification for solving the problem is not as guilty has important theoretical and practical value. This paper from the perspective of theory and judicial practice on Omissions obligations as explained in form and substance to analyze two aspects discussed Omissions occur as obligations under, and to make their own independent thinking and insights to expect able to provide our criminal legislation with the help of theoretical reference to China's criminal justice provide theoretical guidance. Besides the introduction and conclusion, the total is divided into the following five sections, approximately 50,000 words: Part I: Omissions theoretical overview. This section discusses the following three questions: First, the concept of not guilty and was established as a range; secondly, not as a form of guilty can be fined issues; Finally, do not commit an offense as Equal Value. Part II: Omissions as obligations. This section discusses the following four questions: First, the article first etymological point of view, of the \Secondly, discusses the concept as an obligation, features and essence. This paper discusses the five areas are not as guilty as the obligations of the features: obligatory; produce social; criminal responsibility of; legal; objectivity. Again, the article describes as an obligation in the commission of a crime in the position. I learned from as an obligation not as committed in the position, as well as an obligation in crime on the system's status two aspects discussed. Finally, as an obligation on the part of the research carried out theoretical and practical significance discussed, pointing out that in the present study as a social obligation to improve our criminal justice legislation and has the theoretical value and practical significance. Part III: Foreign Omissions combing theory as obligations and Evaluation. This section discusses the following three questions: First, the part from the form as an obligation on the departure of foreign Omissions as a theoretical obligation to sort out. The author mainly on the civil law, common law, as well as Taiwan, China and the mainland in the form of criminal law as an obligation to sort out the theory and elaborate. Secondly, the part from the substance as an obligation on the departure of the civil law of Germany, Japan, and Taiwan, China and the mainland areas of substantive theory as a theoretical obligation to comb and exposition. Finally, the section on the theory of the foreign Analysis as an obligation. The author first is the theory of foreign obligations as a form of assessment, and pointed out that the theory of foreign forms as an obligation on the differences in the content and theoretical defective. I followed the theory as an obligation on the substance carried out assessment, but also made substantive theories exist as an obligation lacks and shortcomings. Part IV: the Criminal Law as a source of obligations Theory. This section discusses the following two problems: First, the author of our forms were identified as a source of obligations, drawing on the author on the basis of the theory of foreign criminal law and in accordance with the actual needs of our present society, presents itself in the form of five sources say: law expressly stipulated as an obligation, duty or business requirement as an obligation, first as an obligation arising from acts, the law as an obligation arising from acts, as well as in certain circumstances, based on the requirements of public order and public morality caused as obligations. Then again in a specific environment, based on the requirements of public order and morality caused by this particular obligation to conduct a qualitative analysis theory, and also in our present society, the moral obligation to rise to the legal obligation of the necessity and feasibility of theoretical elaboration. Secondly, the author of the theory as a source of substantive obligations own independent thinking. The author in the Chinese scholars Li macro binary form and substance doctrine of unity, as well as civil law govern based on the theory, put forward their own independent thinking, as an obligation that our theory should be dominant theory centers, to establish the form and theory of the unity of substance as an obligation. Part V: judicial practice as a typical case of substantive obligations judgment. In this section, the author proposed the substance from his obligations as a theory, is not the first case of Zhejiang Province as homicide, suicide plunge his wife, Wang refused to help convicted criminal cases, as well as Harbin, two tourists drowned after convicted of homicide three owners neglecting typical cases were judged as real obligations.

The Study of the Omission Obligation

Abstract

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