The Definition Of Rescue Obligations Between Husband And Wife

Suicide is not a suicide illegal,but in the judicial practice,there exists a surviving spouse suicide,the other party no bail-out,not as a murder case,opinion is a violation of the obligations between husband and wife.But our country law did not rescue obligations between husband and wife,only in the marriage law provisions between husband and wife have the duty to maintain each other.But if there is no law and because the suspect is not punishable,lead people to a contempt for life,goes against the principle of criminal law to protect the lawful rights and interests of people.Criminal law theory in the academic circles and judicial practice is generally believed that there is relief obligations between husband and wife,but for the rescue obligations between husband and wife of the obligation source there are many differences and arguments,and standard definition between husband and wife salvage obligation standard how to define the became a problem to be solved.This article studies the husband and wife 's duty of support from the point of view of non-action,and defines the standard of duty of support with reference to the theory of non-crime at home and abroad.This paper is divided into four parts:The first part is through two domestic judicial cases to lead to the problem,and discuss China's theoretical and judicial practice in this divergence,elaborate relief and non-crime as a link.The second part analyzes the merits and limitations of the various perspectives by enumerating the different doctrines of domestic scholars on the obligation of relief,laying the foundation for the definition of the standard below.The third part is from the perspective of formal and substantive obligations to analyze the obligation to salvage obligations in order to better define and reflect the legal fair.The fourth part is from four angles to define the relief obligations,respectively,there is a relationship between the existence of the relationship between the husband and wife relationship,the victim is in real danger,the defendant has the form of obligations and dominance.