Not A Crime As A Source Of Obligations In A Deliberately Homicide，Li Mou For Perspective

Method is to adjust the behavior of the standard, and behavior can be divided as and notas, so method not only the adjust as, and also for not adjust. As for as the relative to, isfeasance.namely positive behavior of the specific legal obligations, and the ability toimplement and not to carry out behavior. As compared with, not as often appears to show therest of the body form, so crime pattern and crime situation appear more complex. That personis a not a crime, is to need to have various conditions, and in the conditions inside, the key ishow to determine whether a duty and a determination as to belong to not a crime as the sourceof the obligations. In the judicial practice, the difficult cases disputed point also existed in this.Therefore, not as a crime as a source of obligation of the determination conditions, hasbecome a sin and the sin of standard, the sin and there the boundaries of sin.This article through the li mou a deliberately this paper tries to draw out homicideresearch center that couples their duties covers the husband and wife of danger aid obligation,and a wife is not a crime salvage obligations as the source of the obligations. That is, thespouse in particular the time and place of the implementation of suicide, the other party maynot constitute a crime, criminal responsibility need. We all know that, between husband andwife constant trust and rely on is the family, and even the foundation for social stability, eitherthe husband or the right to life and health of body, spouse such important rights be in dangeror suffer damage not relief behavior, is between both sides of the trust and rely on blasphemyand destruction. Ignore the spouse health and ignore the life safety of the spouse, this kind ofbehavior have all rebelled against social expectations, broken ring on social harmony.Therefore, the relationship between husband and wife in the criminal law has special meaning,for those who destroy relationship between husband and wife living of crime are need to beinterference in the criminal law and stop. Produced in the relationship between husband andwife of their duties, due to be of the criminal law and the confirmation of a crime not becomeas the source of the obligation; Also, from the relationship between the aid obligation alsonaturally produced as a crime not become the source of the obligations.In this article, the case analysis and the way of the combination of the theory, the basicframework is proposed according to the case presents a case, focus, analysis and conclusions dispute that the logic order of the paper. This paper by six parts, a total of around fifteenthousand words:The first part is the cause, that is, li mou a deliberately killing.The second part is to a homicide case li mou on purpose to briefly explain. The case inchongqing district, li mou a wife Xiao mou a jump river suicide, and in the nearby li mou andnot a relief obligation, eventually lead to his wife died, while two instances are a not guiltyverdict court li mou.The third part is to a focus of the killings were deliberately li mou is analyzed.According to the opinion of two sides are the necessary, this case has three focus, first,whether between husband and wife have the danger aid obligation; Second, the husband andwife of danger whether a duty not to belong to salvage a crime as the source of the obligation;The third, his wife’s death and her husband’s not as the causal relationship between whether ithas.The fourth part is to li mou a deliberately homicide differences and disputed point in thispaper. In the second part of the focus of the accused and the defendant three party proposedsome ideas and opinions.The fifth part is in the case of the above cases focus and dispute, a legal analysis andresearch conclusion. As a crime, not a crime of paper as a source and interpretation obligationand duty and obligation to support relief.The sixth part is the conclusion. The author expounds the case own point of view, andexplain the reason.