浅析不作为犯罪的行为性和作为义务来源

Some Thoughts on the Nature of Conduct of Attempting Nothing in Crime and the Source of Obligation of Conduct

行为是刑法的基础,作为与不作为是犯罪的两种基本形式,不作为的特殊性以及作为义务的主要来源的确定,是认定不作为行为罪与非罪的关键,本文拟就这两个问题作一探讨。

Conduct is the basis of the criminal law, Any crime takes the form of attempting either something or nothing. The determination of the particularity of attempting nothing in carrying out a crime and of main source of obligation of conduct is the key to determining guilt or innocence of attempting nothing in committing a crime. In this paper, the author aims to explore the two issues.