不真正不作为犯的等价性的研究.docVIP

摘 要 不真正不作为犯正是体现上述矛盾的课题之一，甚至其理论的深度与广度超过了上述矛 盾，因为在我国，不真正不作为犯并没有刑法的明文规定，实践中对其的处罚完全是以相应 的刑法理论为指导的，如何在实现罪刑法定主义的前提下实现对不真正不作为犯的处罚成为 理论上值得研究的问题。 研究不真正不作为犯的等值性首先对不真正不作为犯的行为性进行研究，提出只有从社 会行为论的角度才能准确的认定不真正不作为犯的行为性。其行为性不仅体现在行为造成了 客观的法益侵害，而且也体现了行为人的人身危险性，是二者的有机统一。其次，以行为性 为依托，在研究己往刑法理论认定等值性的不同观点的基础上，提出了自己独特的认定不真 正不作为犯等值性的标准。 关键词：不真正不作为犯；等价性；规律；风险 I Abstract Offense of non-typical omission is just one of subjects which embody forging contradiction. Its theory even excesses forging contradiction in depth and extent. Offense of non-typical omission isnt expressly provided in criminal law in our country. Punishing it in judicial practice is directed by corresponding criminal theory. How to realize punishment to it in judicial practice in fulfilling doctrine of a legally prescribed punislnnent for a specified crime becomes a question that is worth researching. Equal-value should be estimated comprehensive factors which include existence of duty of act, dejree of duty of act, outcome of dangerous act and subjective circumstances while acting. In the end introduce the law into the offense of non-typical omission system.The law means that a rule for good behavior or how you should behave in a particular place or situation,or the fact that something always happens in the same way in an activity or in nature, or a scientific rule that somebody has stated to explain a natural process. The secondpart is mainly studied equal-value in offense of non-typical omission. Firstly,author studies its action and points out that its action can be determined in view of social action theory. Its action can be found not only objective damage of legal interest that actors action caused but dangerousness of the person, which constitute unification. Secondly, based on research about action and different argument about equal-value in criminal law theory, author provides his own particular standard that determines equal-value in offense of non-typical omission.  Key words:  offense of non-typical omission;