In China's judicial practice,it is often unconditionally considered that when the perpetrator has substantial domination over a specific spatial domain,he should assume the obligation of a guarantor for all incidents of legal interest infringement occurring in that domain.On the one hand,it is not desirable to directly deduce the transfer of the state's payment function on the basis of the right attributes of the spatial domain;on the other hand,the closed and exclusive physical attributes of the spatial domain do not allow it to be seen as playing a decisive role in the specific causal process of the crime.Starting from the three-dimensional connotation of negative obligations,there are two situations in which the perpetrator may be subject to the obligation of a guarantor due to domination of the domain.Firstly,where the dominated spatial domain is a source of danger,the perpetrator should ensure that there is no risk of spillover in the domain of his own jurisdiction.Secondly,if the protected person is in a space where there is no mechanism for arbitrary detachment,which makes it necessary for him to cede part of his rights to the perpetrator,thereby abandoning his own measures of protection to the extent that his ability to defend himself is substantially diminished,the perpetrator should fulfill the obligation to respect the inviolability of the others'rights.In this context,'domination'is only a substratum from which to infer an assignment of the victim's rights to the perpetrator,rather than a universal juridical basis for the guarantor's obligations.
万方数据
维普
