Study on the Obligation Arising from Antecedent Actions in the Non-typical Omission Offens
Liu Shi-xi
Abstract
Liu Shi-xi
Abstract
The antecedent actions which can arouse obligations should cause the actual,particular and impendent danger to the legal interests.Therefore,the antecedent actions enjoy the features of directness,high possibility,and impendence.In principle,the antecedent actions should take the violation of legal rules as the precondition,however,it is possible to cause action obligations if such obligation imposition will not violate a higher value pursued by the criminal law.Therefore,the action obligation should be regulated pursuant to the doctrine of prohibiting repeated criminology.It is concluded that the antecedent actions which can arouse action obligation may bear such features as either actions or omissions,either intentional or negligent,or non-liability actions.
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The antecedent actions which can arouse obligations should cause the actual,particular and impendent danger to the legal interests.Therefore,the antecedent actions enjoy the features of directness,high possibility,and impendence.In principle,the antecedent actions should take the violation of legal rules as the precondition,however,it is possible to cause action obligations if such obligation imposition will not violate a higher value pursued by the criminal law.Therefore,the action obligation should be regulated pursuant to the doctrine of prohibiting repeated criminology.It is concluded that the antecedent actions which can arouse action obligation may bear such features as either actions or omissions,either intentional or negligent,or non-liability actions.
Key concepts: Antecedent (behavioral psychology), Obligation, Action (physics), Doctrine, Liability, Criminal liability, Value (mathematics), Political science