不作为犯罪的等置,是不纯正不作为犯与作为犯在当罚性或可罚性上是否等同的问题。关于等置性问题的学说主要有:直接故意说、事实等价说、保证人说、构成要件等价说、犯罪构成整体等价说,本文赞同犯罪构成整体等价说。但有学者对其产生了质疑,提出了组织行为和体制行为的概念,把犯罪划分为基于组织管辖的支配犯和基于体制管辖的义务犯两个类型。本文就此问题进行回应,认为等置性理论仍是认定不作为构成犯罪的理论根基。 Not as a crime to wait, is impure as a crime and as an offense in the penalty as a penalty or penalty is equivalent to the problem. The doctrines on the problem of equality mainly include: Directly and deliberately speaking, the fact is equivalent to saying that the guarantor states that the constituent elements are equivalent and that the crime constitutes the whole as a whole. However, some scholars questioned it, put forward the concept of organizational behavior and institutional behavior, the crime is divided into two types based on the domination of the organizational jurisdiction and institutional offenses. This article responds to this question and holds that the theory of equality is still the theoretical basis for determining whether a crime constitutes a crime.