The moral legalization not only is humanity ' s moral ideal , the principle , the standard casts for the legal process , also is the good measure has coexisting from this in the process ; but a legal dehua is causes the law to internalize for the higher moral right and the moral duty process , is the law can observe generally by the social main body and even the belief process 道德法律化既是将人类的道德理想、原则、规范铸为法律的过程，也是善法由此产生并存在的过程；而法律道德化则是使法律内化为更高的道德权利与道德义务的过程，更是法律得以被社会主体普遍遵守乃至信仰的过程。
Negative crime and action crime are two kinds of crime forms . negative crime possesses all features of crime , its core is that it should perform particular duty but it didn ' t . negative crime divides into typical negative crime and non - typical negative crime . the causal relationship of act of omission and results of injurey possesses the features of indirect , subjective and reletion . the base of duty of action develops from form meaning to substance meaning . the duty in explicit terms , the duty caused by legal act and the duty caused by action in advance are the bases of duty of action . moral duty and custom are also the bases of duty of action . lt is a kind of legislation imagination to add the principle norm of negative crime and looking on unconcerned to others ' danger 不作为犯从其本身划分，只能划分为纯正不作为犯和不纯正不作为犯两种形式。不作为犯的因果关系具有间接性、主观性、关联性的特点。作为义务的根据从形式意义向实质意义发展，不仅通说中法律明文规定的义务、法律行为引起的义务、先行行为引起的义务可以成为作为义务的根据，道德义务、良善风俗都可以成为作为义务的来源。
On the basis of following the minds of hume , hobbes , locke , bentham . hart introduced daily linguistic philosophy into jurisprudence with the beginning of criticizing austin ' s idea " law as order " . he differentiates some essential conceptions such as rules and habits , legal duties and moral ones and so on in consequence of forming an enormous legal system which is characteristic of " rule " with " rule of recognition " as its fundamental basis 哈特在继承休谟、霍布斯、洛克、边沁等人思想的基础上，以批判奥斯丁的法律命令说为始基，将日常语言哲学引入法学，分析了规则与习惯、法律义务和道德义务的基本概念，建构了以承认规则为基石的庞大规则法律模式体系。
The writer sticks to the negative concept , thinking that the ethical obligation can not become the active obligation in our country " s theory of criminal law , the ground are : the morality obligation does not have statue nature the criterions of morality obligations have the uncertainty the action violating morality obligations should not undertake criminal responsibility the value of criminal law backs the negative concept 刑法理论界对此有肯定、否定和折中三种观点。笔者持否定观点，认为道德义务不能成为我国刑法理论中不作为犯罪作为义务的来源，理由是:道德义务不具有法律性质、道德义务的标准具有不确定性、违反道德义务不应该承担刑事责任、刑法的价值取向支持了否定说等。
