不作为犯突破了以作为犯为基础的传统刑法理论体系,行为论的形式整合进路与支配理论的实质整合进路,都未能成功地对不作为犯进行整合。将不作为犯从传统刑法理论中剥离出来,寻找自己独立的归责原理,是可行的思路。不作为犯的因果关系并非纯粹的归因,而是归因与归责的交错;而且,不作为犯缺乏归因与归责的区分实益。所以,不作为犯的归因并无独立存在的必要,完全可以从归责的角度对其进行重新解读。同时,不作为犯是义务犯的一种,义务犯理论可以给不作为犯的归责提供更多有益的思路。 Misconduct has broken through the theoretical system of traditional criminal law based on guilty of conscience, and the formal integration of behavior theory and substantive integration of domination theory have failed to integrate non-aggression successfully. It is a feasible idea to dismiss it from the traditional theory of criminal law and find its own principle of attribution. The causal link of omission is not a mere attribution, but an attribution of attribution and imputation; moreover, the absence of attribution as an offender is at odds with attribution. Therefore, the attribution of inaction does not exist independently, it is entirely possible to reinterpret it from the point of imputation. At the same time, omission is a kind of obligatory criminals. The theory of volunteer criminals can provide more useful ideas for imputation of non-committed criminals.