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作为义务理论是不作为犯研究中的重点,我国通说以形式作为义务理论为作为义务进行分类,判断。实质作为义务的提出源自刑法独立化运动,本文通过对实质作为义务理论进行梳理,介绍几种较有影响的实质作为义务理论。实质作为义务理论有其自身的优点,如克服形式作为义务的缺陷,保持刑法独立性等。但其自身也有不可克服的不足,应当采取二元的作为义务理论更为恰当。
As a theory of obligation, it is not the focus of research as a criminal offense. Our country says that the form as a theory of obligation is classified and judged as an obligation. As a matter of obligation, the proposition is originated from the movement of the independence of criminal law. In this paper, the essence is defined as the obligation theory, and several kinds of influential substance are introduced as the theory of obligation. As a theory of obligation, substantive as its own advantages, such as overcoming the defects of the form as an obligation to maintain the independence of criminal law. However, there are insurmountable insufficiencies in itself. It is more appropriate to adopt the dualistic theory as the obligation theory.