The Crime Nature of the Obligation Criminal

Abstract

The concept of the obligation criminal (Pflichtdelikte) was first proposed by Professor Roxin, but the crime nature of the obligation criminal is still being largely disputed in the criminal law theory circle, and someone thought it was the legal interest violation, and others thought it was the violation of positive obligation which has been recognized by the criminal law. As viewed from the obligation, the criminal law regulates two obligations, i.e. the positive obligation and the negative obligation, and the former is embodied in the obligation of “not to harm others”, and the latter is embodied in the obligation of “establish the common worlds with others”. The positive obligation not only contains “not to harm others”, but requires people to unify others, so the positive obligation can not equal to the negative obligation. As viewed from the criminal law, it is advisable to identify the behavior of violating negative obligation with the legal interest violation. But it is not correct to identify the behavior of violating positive obligation with the legal interest violation, because the crime nature of the obligation criminal is the violation of positive obligation which has been recognized by the criminal law.