区别研究作为犯与不作为犯不仅有理论意义同时对司法实践也有很大的意义。作为与不作为区分的标准有很多种,包括身体动静说、因果关系说、社会价值说、法规说和双重说,笔者认为规范说标准是最合理的。作为和不作为的区别包括法规上的、主体上的、主观上的、客观上的和义务上的不同。作为和不作为的分类、结合和竞合亦是区别研究作为与不作为不可回避的问题。 Differentiation research as a crime of committing and not committing a crime not only has theoretical significance but also has great significance to judicial practice. There are many kinds of criteria for being and not for distinguishing, including body movement, causation, social value theory and regulation say that the standard is the most reasonable. Differences between acts and omissions include legal, subjective, subjective, objective and obligatory differences. As a category of and omissions, combining and competing is also an unavoidable problem of distinguishing between research and non-action.