刑法学中有作为与不作为两个概念,这两个概念的区分对刑法的研究以及刑事案件的办理具有积极的意义。长时间以来专家学者对这两个的区分都是依据这两个动作行为所具有的性质区别的,即依据事物本身的动静态来区分。如洪福增所说“依通说之见解,行为乃基于意思决定而为之身体动静。出于身体之运动者为作为,由于身体之静止者为不作为。作为又称积极行为,而不作为又称为消极行为。”本文分析了刑法学中作为与不作为的相关内容以及相互之间的区分。 There are two concepts of doing as and not doing in criminal jurisprudence. The distinction between the two concepts is of positive significance to the study of criminal law and the handling of criminal cases. Experts and scholars for a long time the distinction between these two are based on the nature of these two actions have different behavior, that is, according to the static and dynamic nature of things to distinguish. As Hongfuzeng said, “According to Tong’s opinion, behavior is based on the meaning of the decision-making for the body movement. For the body of the movement as a result, because the body of those who do not act.As aka positive behavior, not As a negative action. ”This article analyzes the related and non-consensual aspects of criminal law as well as the distinction between them.