论不纯正不作为犯的等价性

不纯正不作为犯可罚性的关键在于等价性问题 ,也即不阻止构成要件结果的发生与由于积极作为引起结果在何等条件下等价值决定着能否对不纯正不作为犯进行处罚以及如何处罚。等价性的目的和实质就在于通过对客观上的作为行为和不作为行为在规范上的等价值来限制对不纯正不作为犯的处罚范围。等价性的媒介是作为义务 ,所以等价性要求就是通过对作为义务层级程度和违反程度的限定来实现作为和不作为的等价值。

On Equal - value of Non - typical Omission

This article discusses equal-value in offense of non-typical omission. The point of punishment to offense of non-typical omission refers to that in what terms the act not preventing consequences in important constructive conditions to occur and consequences due to active act are of equal value, which determines wether to punish offense of non-typical omission and how to punish. The purpose and essence of the equal-value is to confine the scope of punishment to offense of non-typical omission by the equal-value of objective act and omission in normalization. The medium of equal-value is the duty of act. Consequently, the requirement of equal-value is to realize the equal-value of act and omission by confining the degree of the duty of act in arrangement and violation.