The Approach and Rules of Derivative Omission Offenses on the Cases of Providing a Venue for Drug Users——Taking the Case of"Mo's Providing a Venue for Drug Users"as Starting Point
The Approach and Rules of Derivative Omission Offenses on the Cases of Providing a Venue for Drug Users——Taking the Case of"Mo's Providing a Venue for Drug Users"as Starting Point
In the judicial application,derivative omission offenses on providing a venue for drug users has been criminalized in China.This judicial phenomenon doesn't violate the principle of legality of crime.However,attention should be paid to preventing the improper of expansion of the crime in judicial application.The key to definite Derivative Omission Offenses of the crime is to determine the act obligation.The Judgement of act obligation should not only stay in the form level,but also carry on the equivalence substantive judgement.Only the derivative omission offenses with the same illegal value as the action offenses constitutes a crime.The rules of de-termining the crime of derivative omission should be distinguished by different subjects.Only when the subjects with absolute,realistic and exclusive dominance over drug-taking place,failing to fulfill the obligation of stopping and re-porting as required by laws and regu-lations,occupation and management,etc.,commits derivative omission offenses on Crime of Providing a Venue for Drug Users.
关键词
容留他人吸毒罪/不真正不作为/作为义务/同等违法价值
Key words
crime of providing a venue for drug users/derivative omission offenses/act obligation/equivalence of illegal value
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