刑法上作為與不作為之區分

Distinction Between Acts and Omissions

The purpose of this article was to distinguish acts and omissions. After re-viewing all the predominant criteria, the author proposed to define acts and omis-sions from the perspective of the interaction between persons. That is, an act means the exportation of risk from ones field of rights to another, whereas an omission refers to the non-elimination of existing risk in others field of rights. These definitions do not rely on the empirical phenomena; therefore they can solve the difficult cases, where one single activity could be interpreted in different ways.