對不作為犯罪之義務來源的法律思考.pdf

1、中南民族大學碩士學位論文對不作為犯罪之義務來源的法律思考姓名：孫青申請學位級別：碩士專業(yè)：法學理論指導教師：吳占英20090501對不作為犯罪之義務來源的法律思考 IIAbstract Negative crime has been the problem of the more controversial issues of the criminal law theory, as the source of obligations o

2、f negative crime should be the focus and difficulty. This paper examines the theoretical and practical aspects of negative crime’s source of obligations. The source of the act obligation has very important station becaus

3、e it is the ground which determines the crime of the omission. And the scope of the source of the act obligation relates to the scope of the act obligation often produces dispute. The thorough research on the source of t

4、he act obligation has very important significance to the criminal theory and judicial practice. The article research the source of the act obligation. The author expects that the research has some help to the further pro

5、motion of the theory of the crime of the omission in our country, and to the determination of the act obligation of the crime of the omission in the judicial practice. The author divides this article into three parts. Th

6、e first part is about the obligation not as a source of committing some of the basic questions, described not as a source of crime, the status of obligations, as well as the theory of evolution. The second part focused o

7、n the crime not as a source of obligations of the types. There are four sources of the crime not as a source of obligations. One of the legal obligations required to meet the following two conditions. First, other laws a

8、nd regulations have expressly provided. Criminal law will recognized the obligation that not perform as a crime, Job or business on the requirements of the obligation that we should pay attention to explain the scope of

9、the “duties“ or “business“. Obligations under the time limit, the scope of the obligation to conduct such issues as the obligations arising from the more complex. At that first attention should be paid to the conditions

10、arising out of acts. Obligations arising from legal acts include acts and voluntary acts of the contraction. The third part of the academic major of the additional danger of the controversy does not save the offense and

11、assessment carried out. The article believes that the danger is not to save those areas where moral, but moral to adjust the current situation has been unable to, so to regulate by law, and specifically set out to save a