진정부작위범의 법리적 구성

TheLogicalStructureof“Dieechten Unterlassungsdelikte”

“Das Echt Unterlassungsdelikt” is crime that is the omission that violates the command norm. Das Echt Unterlassungsdelikt is that under situation truly legal interest have already been violated, certain obligator shoud be imposed intentional obligation. That crime has special logical structure as contrasted with general sin of commission or a crime of omission. Firstly that crime is always a continuing crime, so the crime has been continuined until certain obligator discharges his legal duties. And that crime is neither echtes Sonderdelikt nor Pflichtdelikt, but it is “Täterbezogenen eigenhändigen Delikt”. That is the crime offender must commit his physical use or by cognition himself, and as the result he can commit only single-handed. Nextly, that crime can’t be connived with a person in his crime nor be perpetrated by using any other people. In this study based on Supreme Court judgments about 2008do9476 and 93do1731, focused the logical structure of “Die echten Unterlassungsdelikte” as mentioned above.