Provisions for Act Obligation of Non-action Crime

The act obligation of the non-action crime is the core of the theory of non-action crime.Due to the lack of definite provisions for the non-action crime and the act obligation of it in Chinese criminal law,there exists a considerable confusion on conception and judicial qualitative not only in theoretical field but also in judicial practice.It is good for judicature to study the act duty deeply.On the obligation origins of the non-action crime,there exists a theoretic evolution process which has developed from formal theory to substantial theory,and then to combination of the above two.I think that we should combine the formal theory and the substantial theory to study the act obligation of the non-action crime.The formal obligations of the non-action crime contain the regulation of law,the requirement of occupation or duty,the action of antecedence and the legal action.The substantial act obligation of the non-action crime should be considered from urgent danger,practical dependence and exclusive government.