论刑法中不作为之行为性

不作为具有自然的和法律上的不同内涵，对二者的正确辨析是解释其行为性的基础。然而当前各行为理论对不作为之行为性的阐释皆有缺失。跳出传统存在论的窠臼，从社会规范和法价值的角度评价，刑法中的不作为是具有社会意义的；违反法规范的行为，体现的是行为人的目的和主体人格。

On Character of Act of Omission in Criminal Law

Omission has not only a natural meaning but also a jurally one. It＇s the basis of interpreting its activity to have a correct analyzing of these two meanings. The interpretation of activity of omission is the goal which various act doctrines pursuits, but they all have defaults. To transcend the traditional theories, appraising it from the perspective of social norms and the value of law, omission in criminal law means the action which has a social meaning. Breach norms manifests the intension of the actors and shows the personalities of them.