Qualitative Research Of The Cases About Causing Couple' Death With Not Saving In Danger

With highly developed of the society, people's material and cultural level are increasing, However, It is sad that the relationship during people is becoming cold and indifferent ,which brings the sense of alienation in social groups. In reality, similar cases such as trivial disputes emerge between spouses, One chose to suicide or facing accident that having the crisis of lossing life, When the other can chose to rescue but chose to leave indifferently, resulting in the death of the other always happens .Such cases at the edge of moral and legal, theorists and practitioners of justice hold different views in the crime or not, this crime or that crime. This paper chose this as point, domestic and foreign scholars'academic arguments and theoretical research as basis, the methods of using case comparison, empirical analysis and others to analyze.The first part of the article chose two such similar cases, Generalizing the various points from theorists and practitioners in crime or not, this crime or that crime by contrasting cases and court decisions .Differences in the crime or not, the controversy focused on three aspects, whether this suit the omission crime's constitutes, and whether the results of death is caused by refusing to rescue, whether the one who refuse to rescue the other has subjective sin. Crime in this or that, the differences focus on three charges ,the crime of omission crime of intentional homicide ,the crime of abandonment, the crime of causing the death by negligence.The second part, combine the cases, commenting the above comments successively, that the crime or not, because of the special status between the parties, such behavior of refusing rescue have a real harm to society, which can't accepted by the legal feelings of the people, Therefore ,It is necessary to give a appropriate conviction, but in theory, need to improve; This crime or that crimes, because refusing rescue is more in line with the characteristics of pure act of omission crime than not pure act of omission crime ,and it does not have the equivalence with intentional homicide, So it should not be considered as intentional homicide in omission form. At the same time, it does not meet the objective constitutes of the crime of abandonment, and has no subjective negligence,so it can also be excluded from the crime of abandonment and the crime of the death caused by negligence.So these cases are absence in legislation, which need to be filled.The third part, based on the case, considerating from three dimensions of theory, legislative, judicial. In theory, to improve the theoretical system, learn the foreign theory of substanced source of obligations and construct a theory system of combination of substance and form of obligation source in China. On the legislative, try to create a accusation of not to give help with others'peril, So that the special duty of rescue between the main body in the criminal law clearly. In the judiciary, based on the existing legal resources, the judge should make good use of discretion, accurate balance, get the recognition from people in maximum sentence and get a good legal effect and social effect. By all these, to find a fair and reasonable export for such cases in cracks of human nature moral and legal norm, so that people feel fair and just life. Finally, return to the case, get a simple evaluation about the two cases'judge.