不作为犯罪若干问题研究
不作为是相对于作为而言的，指行为人负有实施某种积极行为的特定的法律义务，并且能够实行而不实行的行为。不作为是行为的一种特殊方式，与作为具有一种相反同时又是结合与竞合关系。由于不作为的复杂性，其一直是行为理论上争论的焦点问题。本文主要是针对解决不作为犯罪的诸多问题提出的，阐述了本人关于作为与不作为的关系、不作为犯罪的行为性、不作为的作为义务和不作为的分类等问题的观点，并对此进行了深入的探讨。同时结合我国目前的实际情况，分别给予分析提出适合我国现阶段国情的制度选择以完善我国关于不作为犯罪的法规，将有助于进一步弥补我国刑法理论和立法的缺陷。
关键词 行为 不作为 行为性 义务 分类
Does not take the crime certain question research
Did not take is opposite in taking says, refers to the behavior person to have implements some kind of positive behavior the specific legal duty, and can implement the behavior which but does not implement。 Did not take is the behavior one specia...全部
Does not take the crime certain question research
Did not take is opposite in taking says, refers to the behavior person to have implements some kind of positive behavior the specific legal duty, and can implement the behavior which but does not implement。
Did not take is the behavior one special way, with as has one kind to be opposite at the same time also is the union with competes gathers the relations。
As a result of the achievement complexity, it always is not the focal point question which the behavior theoretically argued。
This article mainly is aims at the solution not to propose as crime many questions, elaborated myself about the achievement with the achievement relations, did not take the crime the behavior, not the achievement achievement duty and not achievement question the and so on classification viewpoint, and has carried on the thorough discussion regarding this。
At the same time unifies our country at present the actual situation, gives the analysis to propose separately suits our country present stage national condition the system choice by to consummate our country about not to take the crime the laws and regulations, will be helpful to further make up our country criminal law theory and the legislation flaw。
The key word behavior does not take the behavior duty classification
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