春雨蒙蒙a2015
Omission can not stick one aspect, and should adopt a comprehensive explanation. Among them, the attitudes and social norms evaluate these two aspects of human behavior is essential. In certain societies, people formed a certain social relations, social relations, confirmed this law formed the legal relationship with the rights and obligations as the core. Rights and obligations are two different sides of the same legal relationship, the two rely on each other and mutual transformation. Assume certain legal obligations and rights of others is actually the premise of the right to achieve, and I also exercise must fulfill certain obligations to others is based. Therefore, as a flagrant infringement of the right to act, does not fulfill the obligations it has to be and can not perform the same as an infringement of rights. In this sense, omission and as having equivalence, ie the negative value is the same, this is the inevitable conclusion of the evaluation of social norms derived. Moreover, although not in the physical sense as is "No", but in this state, "no" is itself subject to the perpetrator's subjective will dominate, so up to judge from the person's attitude is also a "yes", deliberately The case does not act, omission is the behavior of people is the voice of; in the case of negligence and omission (forget commit), the actor ostensibly for omission did not realize, but the awareness of the existence of the obligation, therefore still be attributed to the behavior of people's attitude.
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