| Summary: | 博士 === 輔仁大學 === 法律學系 === 101 === The research of relationship in criminal law between negligent act and omission with defining crime of omission, then the meaning of the crime of omission and types , and the meaning of the crime of negligence and tape. the discussion of crime of negligence omission mainiy focous on the introduction of distinguishing different levels of the crime on negligence omission. in which including the struture of negligence omission in crimal law.Only after consulting the levels of the crime on negligence omission step by step, in which finding out the obligaton scope of the negligence omission, it is able to judge whether one has the crime on negligence omission or not.
The research is discussing about the basis of defining crime can be committed by not only act but also omission.omission is into two types：true omission that is stated by criminal law,and untrue omission.the former is punished according to the criminal law,but the later can't be found in criminal law.so it seems to be against the rule of ascertaining crime and punishing it by statute law to punish it. Analysis of the criminal theory ,we know how to justification about the negligent omission,Even so, guilt of the prepetrator is still possible to be eventually negated in the responsibility level.
This research's final goal is to provide and estabilsh a more perfect standard for Taiwan's social security related criminal law.such as how to effectively advance board members’incentives to monitor management during the decision-making process,through moderately tightening legal liability,and legitimate expectations -base on the guarantee of government active about the crime of official negligent omission,and crime of pollution environmental damage,and the systematical crime.
This article explores the penal reasons of the negligent omission ,such as materialization of violation action ,the guilt of the prepetrator has't done any preventative measures.the tendency shakes up adequacy theory and Its hypothesis on adequate causation how to operater on negligent omission ,and to be equal to the theory of objecyive attribution in criminal theory.
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