1. Origins of Duty to Act in Criminal Omissions.
- Author
-
Ma Rong-chun
- Subjects
CRIMINAL omission ,CRIMINAL act ,CRIMINAL law ,CRIMINAL justice system ,CRIME - Abstract
The duty origin in criminal omissions, a historical issue in the theoretic discussions about criminal law at home and abroad, remains to be controversial and demands further theoretical explorations. Crimes committed by omissions can be divided into two types: pure omission and non-pure criminal omission. The differences between these two types of crimes mean different origins of duty to act: the duty to act in the former type of crime should be stipulated by the law, whereas that in the latter type comes from other origins than the law and should usually be assigned through solving the problem of guarantor of prior behavior, thus being confined to particular professions, positions and legal behaviors. [ABSTRACT FROM AUTHOR]
- Published
- 2012