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Criminal obligations Conflict Studies

Author: YangXiaoNa
Tutor: LiuDeFa
School: Zhengzhou University
Course: Criminal Law
Keywords: Obligations conflict Source of obligations Criminal law
CLC: D914
Type: Master's thesis
Year: 2009
Downloads: 25
Quote: 0
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Abstract


Real life is complex and diverse, the law is complex and cumbersome, legal backwardness, not exhaust all the phenomena of life, which led to some real objective existence of the phenomenon became a \an embarrassing situation. While Germany, Japan 刑法理论界 depth study of conflicting obligations, but there are many places there are disputes, China's criminal law scholars obligations conflict started late, related works, very few articles on the conflict of obligations to explore a lot of space. Our legal provisions of the relevant provisions of the conflicting obligations, but it is also the objective existence of obligations conflict has great practical significance, very necessary. In view of these considerations, I chose obligations conflict studies. The study of conflicting obligations is divided into five parts, respectively Overview and obligations of the constituent elements of the conflict, the source of obligations, obligations conflict innocence theory according to its nature, the proper conduct of conflicting obligations and non-legitimate behavior. Read when writing the scholars academic papers, comparative analysis of the various theories point of view, put forward their own views for some of the contentious issues and demonstrated, some has been formed through said the problem from different angles improved. The focus of this article, and the difficulty lies in the obligations conflict innocence of the theoretical basis and the sources of moral obligation. I measure from the legal interests that to adopting both social fairly and purpose to say, to conclude that the value of obligations have been infringed by the value of the analysis method is not higher than the obligations behavior negates crime, the commission of a crime in our country system I believe that the lack of social harm behavior, so it negates the crime. Conflict of obligations can not determine the value, the presumption of equal value, and to fulfill any of the obligations are legal. Addressed the problem of the sources of moral obligation, the obligation is to fulfill the obligations and the obligations have been infringed two cases, and to draw moral obligation not become obligations have been infringed, but can become obligations conclusion. The innovation of this paper is: addressed not as an obligation and not as an obligation whether conflict, often cited by scholars case analysis, not conflict conclusions and think that this situation is still as obligations conflict and not as an obligation. The doctrine of the voluntary nature of the conflict, and concluded that the obligations of the status of the conflict in the commission of a crime system is a legitimate ground of ultra regulations. The obligations conflict theory involves a very wide range, you need deep theoretical knowledge, I knew the academic attainments is far from being reached, and hope that this paper will be helpful to our legislative and judicial practice.

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