Renmin Chinese Law Review

Renmin Chinese Law Review

Selected Papers of The Jurist (法学家), Volume 3

Renmin Chinese Law Review: Selected Papers of The Jurist

Edited by Jichun Shi

Renmin Chinese Law Review, Volume 3 is the third work in a series of annual volumes on contemporary Chinese law, which bring together the work of recognized scholars from China, offering a window on current legal research in China. This book reflects the study of Chinese law and the reality of Chinese legality and society. Chapters address the developments of the Committee of Politics and Law of CPC, the new challenges China faces in anti-terrorism, the emerging P2P lending in China and the legislation of virtual property inheritance.

Chapter 7: Research on criminal omission in joint offenses

Sun Lihong

Subjects: asian studies, asian law, law - academic, asian law

Abstract

Whether one who commits a criminal omission constitutes a principal offender or a participant in complicity in a crime should not follow the rules of commission, because there are basic constructive differences between omission and perpetration. One who merely omits can only be taken as principal when their constructive requirements have the same value. The equal value of omission and principal offender cannot be determined by traditional theories of causal relationship or by the formal theory of guarantor. It can be determined by the substantive theory of guarantor, which has two criteria: one is the dominance of criminal fact, and the other as a supplementary standard is a guarantor’s functional duty. The criterion of criminal omission as a principal must be based on the two standards.

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