Closure and Openness of Criminal Law Dogmatics:The Perspective of Social Theory Knowledge——The Boundary of Complicity by Omission as an Example
The criminal law doctrine is a comprehensive and self-contained system.However,in recent times,the emergence of complex issues such as the identification of punishable inaction has made it evident that relying solely on criminal law doctrine knowledge is no longer sufficient to address these problems.Looking back through academic history,it becomes apparent that the formal-objective theory is inadequate in dealing with the boundary problem of an inaction accomplice.By incorporating normative factors,the formal-objective theory has deviated from its original formal rationality and introduced many subjective,arbitrary,and ambiguous rules.In response,the German criminal law school has emerged and integrated sociological theory and related knowledge,exemplified by the theory of obligatory offense.This approach can help resolve the challenge of identifying impure inaction accomplices.However,it may not fully align with the systemic nature necessary for criminal law doctrine.As scholars have expanded their understandings of social theory and the role of criminal law doctrine,it has become clear that criminal law doctrine should maintain a certain level of openness while still remaining a self-contained system.This means that knowledge from other disciplines,such as social theory,should be translated into the language of criminal law doctrine and integrated into the theoretical system as a whole.
Impure inactionformal-objective theorytheory of obligatory offensecriminal law doctrine system
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