The Standard Of The Rescue Obligation Between Husband And Wife

The social development makes the progress of human civilization, so that the requirement of people to the moral improves gradually. But ethics is a kind of psychological compulsion effects, it is different from the law on people’s behavior, therefore, the requirements for people’s behavior can’t rest on the moral level, but thinking from the legal level, the rational thinking on people’s behavior, and then make a sensible decision. For example, for marriage, because of the contradiction between husband and wife, commit suicide caused by one party, the other party didn’t help and save, the public generally believes that the other party’s actions not only should be subjected to moral condemnation but also be punished by law. However, whether the perpetrator is responsible for his action, we should make a rational analysis to make this kind of behavior have a clear legal basis.The content of this paper includes the following three parts.The first part: Study of support obligation between husband and wife does not include the duty to rescue. In the judicial practice of our country between husband and wife, Dutch act for one party to another party from ruin cases, no treatment way completely unified, there are mainly two kinds of treatment results: The first is that assistance obligations between husband and wife don’t have the provisions of the law, or the victim’s death was due to suicide caused but not the defendant’s behavior, it does not constitute a crime. The second is that such cases constitute a crime of intentional homicide, the reason is that the perpetrator fails to perform the duty to rescue between husband and wife. Of course, when the judge is in the process of judgment in the case, he also need to consider the environment, the victim’s special physique, behavior of morality violation degree, so it will also appear different verdicts.Thinking about this kind of problems, we should analyze the legality of the rescue obligations between husband and wife. Generally a party is in danger, the other party has the obligation of assistance, but it is based on the explanation of the support obligation from the marriage law between husband and wife. This explanation is consistent with the provisions of the law, it is worth our consideration, we can’t only apply the law from the interpretation level, otherwise it may be contrary to the principle of legality. The core of this kind of problem should be clearly defined whether the rescue obligation between husband and wife is derived from the law or not, only a good solution to the problem of theory can we solve this social problem fundamentally, thus ensuring the implementation of the unified judicial practice, safeguard the authority of law.The second part: the substantive exploration of the rescue obligation between husband and wife. At present about negative crime especially the impure negative crime in our country is still difficult, the source of the obligations have no criminal law provisions. From the judicial perspective, some domestic scholars hold the tradition as the four kinds of obligations in the form of sources, but the form of traditional obligation source has been difficult to meet the requirements of the current social situation and judicature, so there has a serious separation phenomenon in the theoretical fields and the judicial practice.Germany is the earliest start to explore the substantive obligation, the traditional obligation is based on the definition form, such as law, contract, advance behavior, then gradually interpreted as substantive obligations, further the marriage community become a source of obligations form. In addition, Japan learned from German about the impure negative and explored the essence obligation including the theory of advance behavior, bear in fact, specific facts control theory. Two of them emphasize on not only the close relationship between the perpetrator and the damaged legal interest but also the dominance of the perpetrator to the legal interest. It pays more attention to the case of the situation from the substantive aspects to declare the sources of rescue obligations.The third part: Combine to define the obligations between husband and wife relief from two aspects of form and substance. The conditions of rescue obligations between husband and wife must include the following three points: the first condition is the person is in reality, urgent danger; the second is the other party should have a legal obligation to exclude dangerous; the third one is the victim is not as realistic exclusive dominance relationship. This paper advocates enlarge our form as a source of obligations, increase the obligations as a between subject who has a special relationship. We should make sure that a couple is the main special relationship, this is one of the spouses of trust of the other party. So based on this relationship of trust, a party shall have the obligation to protect it in another method of benefit damage. In addition, we should also combine with the case to consider whether the obligator has an exclusive dominance. Only there is a close relationship between husband and wife, and the perpetrator was in exclusive dominance can we affirm that the person has the obligation to rescue.