The Qualitative Analysis Of Yang's Wife Jumping Off The Car And Not Carrying Out The Rescue Behavior

Our country criminal law theory,not as a crime must have a certain obligation as the prerequisite,because our country criminal law there are no clear rules for inaction crime,the judicial practice of common "husband and wife do not fulfill their obligation to rescue,see not save deadly danger results" kind of qualitative case there is a big controversy,different sentenced to connection with the existence of a certain degree.This paper is a case analysis paper.The author in reference to our country criminal law theory of nonfeasance crime obligation source on the basis of theory study,by comparing the domestic see about marital crisis does not save behavior caused by criminal cases in different cases,the judgement on whether couples have criminal law as a duty to explore,in this article the specific qualitative analysis reasonably come to the conclusion of criminal cases,aims to discuss specific situations specific obligations between specific parties influence on judicial practice,to provide certain reference for handling practices.This paper is divided into four parts.The first part is the basic information of the case,including brief introduction of the case,different opinions,and the focus of the argument.The focus of the dispute in this case is whether Yang has as a source of obligation,whether the establishment of a crime of omission.The second part mainly analyzes the jurisprudence of omission crime.First of all,through the two cases in our country about the husband and wife do not help each other's death but get different judgment results,the root cause of the different judgment of the same case is the different understanding of husband and wife's rescue obligation;Secondly,it discusses the theoretical views on the obligation of legal aid between husband and wife in the academic circle,and clarifies the controversial points in the existing theory and judicial practice.Finally,this paper expounds the point of view that husband and wife have a specific legal obligation to help,and summarizes the conditions of not as a crime between husband and wife and the situation of exemption from liability.The third part is the analysis and conclusion of this case.By the second part of nonfeasance crime related theoretical research,especially between husband and wife is not as a crime of obligation source analysis,combined with the case,the case clearly draw their own point of view,namely: the case of Yang is a behavior not as a crime,and not as an indirect intentional homicide,does not constitute the crime of causing death.The fourth part is the enlightenment of the case.In fact,the obligations in criminal law and the general obligations in life are the same,other laws to implement special protection,criminal law as a powerful backing,can not be completely separated,organic unity,dialectical view.When dealing with the cases between husband and wife,we should accurately grasp the standard of "specific legal obligation" between husband and wife,at the same time,we should do a good job in distinguishing the key points between "fault" and "intention".