Analysis Of Wang And Xiao Killing Wife Cases

As a criminal pattern, offense of non-typical omission exists in reality, but it is not confirmed in the Criminal Law, which leads to disorder of judicial practice. This paper chooses two cases largely disputed in recent years in terms of theory circle and judicial practice which combined analysis over the case and theory discussion of offense of non-typical omission in a bid to analyze whether the defendants commit crimes or what kind of crimes or whether it is proper to sue against his criminal responsibility. Meanwhile, it also managed to clarify related theories of offense of non-typical omission and make a definition and its obligations.This article consists of three parts, namely Introduction, text and postscript. In which the body is divided into three chapters.The 1^st chapter mainly introduced the basic case and the related dispute of the cases, and there are two parts in this chapter. The first section introduced the basic case and the trial result of the cases of Wang and Xiao killing wife in detail. The second part is the focus of dispute for these two cases and mainly manifests in two aspects. According to the dispute the paper will analyze the behavior of Wang and Xiao and discuss correlation theories of offense of non-typical omission.The 2^nd chapter analyzed the two cases and it was divided into three parts. The first section has combed the legal matter which the cases involves, mainly introduced the concept and the duty of act of offense of non-typical omission. The paper defined offense of non-typical omission on basis of several theories and some common opinions, and then analyzed the obligation sources in terms of form and essence and makes clear the sources of obligation in essence. The second part analyzed the behavior of Wang and Xiao based on the cases. It has mainly analyzed the accused person whether to have the duty of act of offense of non-typical omission and the causality between defendant's action and death of his wife. It also analyzed the subjective activity of defendant. The third part was carefully examined the two example cases ruling in the first and the second analysis and explained why they were appeared as the "same cases, but different judgments".The 3^rd chapter showed some thinking came form these two cases and it was fallen into two parts. First of all, the paper managed to strike balance between conflicts of the offense of non-typical omission and the principle of Legality. Next, the paper put forward that it is necessary to establish legislation in order to clarify the punishment and confirmation of offense of non-typical omission. It should be stipulated the offense of non-typical omission in the criminal law reasonable by modeling on the legislative pattern of German and Japanese criminal law and unifying China's present situation.