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不作为犯罪一般可分为纯正不作为犯罪与不纯正不作为犯罪。前者在刑法中有明确的规定,对其在理论上的争议较少。而有关不纯正不作为犯罪的问题在刑法中没有相关规定,但在我国的学术理论界和司法实践中对其又广泛采取承认的态度,由此引发了有关不纯正不作为犯罪与罪刑法定原则冲突的问题。本文拟就不作为犯罪问题之一的作为义务根据进行探讨,希望能通过对作为义务根据的合理界定来阐述笔者对作为义务和不作为犯罪问题的一些认识。
Not as a crime can generally be divided into pure non-criminal acts and impure crimes. The former has a clear stipulation in the criminal law and there is less controversy in theory. However, the problem of impure omission does not have relevant provisions in the criminal law. However, it is widely accepted in academic circles and judicial practice in our country, which leads to the legal principle of impure omission and crime and punishment Conflict problem. This article intends not to be regarded as one of the crimes as a basis for obligations to explore, hoping to explain the author as a voluntary basis for a reasonable understanding of some as a crime of obligation and omission.