| 摘要: |
| 刑法理论将行为分为作为与不作为,不作为是指当事人应当作为而不作为。不作为其实是不存在像作为那样的积极身体活动。现代刑法体系在构建之初,并没有考虑不作为的问题,而后,为了惩罚的必要,又不得不将不作为纳入评价的范围。从根本上说,不作为是刑法的一个例外,这也是体系性很强的刑法学很难将不作为纳入体系之内的原因。 |
| 关键词: 行为理论 不作为 法律拟制的行为 |
| DOI： |
| 分类号:D914 |
| 基金项目: |
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| Theoretical Investigation of Acts of Omission |
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ZHOU Ming
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(Law School, Peking University, Beijing 100871, China)
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| Abstract: |
| The theory of criminal law divides behavior into action and omission, and omission means that person should do something, but missed. Actually, omission does not exist as an active physical activity like the action. In the beginning of construction of modern criminal law system, the problems of omission were not taken into consideration, but after that, for the necessity of punishment, people have to take omission into their consideration. Fundamentally, omission is an exception of criminal law, which is also the reason why criminal law has difficulty in explaining the problems of omission within the system. |
| Key words: behavioral theory omissions the legal fiction of behavior |
