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毕业设计（论文）

文献综述

题目不作为犯罪

姓名杨振京

学号405417030407 系别文法系

专业法学

指导教师谢雯

200 年月日

Not as a crime Summary References

405417030407 Yang Zhenjing

In theory, not as a crime is not a foreign concept, but in practice it that there is still a lot of difficulties. Why is the act of omission, as the obligation not as a crime as a prerequisite for the existence, where its from, how are the need to continue to explore that subject, this, the Chinese and foreign scholars have conducted in-depth research, debate, in its judicial practice in the theory of reference.

Pei Fusheng in April 2006 in the Henan V ocational College of Judicial Police Journal published an article in "Product Recall the implementation of the legal thinking" is not no true principle of criminal law as a prerequisite for criminal contradiction as follows: the Criminal Code of conduct against the interests of strict law Canadian Law on the Protection of punishment and crime beneficial function of the principle embodied in the statutory protection of human rights conflicts between functions.

Professor of Chen Xingliang in 1992, Publishing House of China University of Political Science and the "philosophy of criminal law" put forward, for the principle of legality, we can not understand mechanical, criminal law is an act to provide the type of behavior as long as consistent with the characteristics of murder, on the all think that they are illegal in nature. Can be seen not as a homicide, but also the conduct of a type of murder, in its negative social values with the murder and not as a different place.

Ou Jinxiong in November 2007 V ol.22 No. 6 of the Guangxi Institute of Political Science and Law Management Journal published an article "not as a concept and scope of crime" will be discussed as a kind of crime is a scientific fact, not typical, as can be attributed to "the fact that "It is a static fact. Not seriously carry out the obligations for the good of not having a double as its own, it can also be attributed to acts of harm, and sexual behavior, and behavior is also a fact that a fixed fact.

Japanese scholar, Professor Inoue Secretary if written together in the 1973 version of the "controversy of the prohibition and punishment of the law" raised in the article: As for the obligation in accordance with the law, if it is thought by the general concepts, such as general well-organized illegal criteria to identify if such it may be based on pure conflict of laws and regulations of such a super standard to determine the establishment of crime in criminal law theory, as a result of the first acts as a well-organized, a habit of Health to look at the obligations and Therefore, the obligation to deny the occurrence of well-organized as a basis for denial of naturally acts as a first obligation under the sexual.

Xiong Xuanguo,People's Publishing House in 1992 version of "acts of criminal law theory" put forward, since it is not, as the first or incidental acts as obligations arising from, or omission from the legal obligations that exist as a violation of the occasion, whether it is in the general sense of logic or the meaning of the Penal Code are acts of omission.