中国と日本における不真正不作為犯の主観的要素について

Abstract

This paper mainly studies the objective elements of criminal omission and the problems involved in the objective factors. Moreover, in order for criminal omission to be considered as essential in the same nature as a crime, the intention of the subjective element is especially discussed. In China and Japan, because there is no regulation on the issue of criminal omission, the scholars do not put the subjective elements of criminal omission into their research object. Therefore, the omission of subjective elements of crime has become a problem of the case, especially in the Japanese Academy of trial into relevant examples of questions about the crime of arson, Study on the subjective elements of the problem to be discussed the significance as well as related criminal and the criminal omission should in the elements of intent to analyze, and as a form of obligation, in fact according to the specific content of the understanding of human behavior are discussed. According to the above analysis, it is necessary to accept the objective criminal facts, such as the existence of the obligation and its content, and the understanding of the result. According to the above conditions, it can be said that the question of "taking advantage of the danger that has occurred" has become clear in Japan's Grand Court, and that it is not necessary to examine the subjective elements of the criminal omission. And by analyzing the omission of subjective elements of crime analysis, express the purpose specified in Fourteenth China in criminal law, it is necessary to review the purpose in subjective factors of criminal omission, put foucs on the research of establishment condition of the criminal omission, not only to review the source of obligations of the criminal omission, and the subjective elements of criminal omission make plays in its role in the condition of this point is also great.