Definition Of Her Husband’s Not Rescuing Acts

The phenomenon of "the wife suicides, but the husband does not rescue" causes the discussion and research of the impure negative crime theory. The argumentative focus is basically centered in the source of obligations that demand to carry out a conduct. We bring in three different cases as the breakthrough point and consult the judicial practice for the purpose of giving the husband’s omission a lawful and reasonable definition.The case one is the focus of this article analyses, and the existence of the case two and case three is in order to make the theory and judicial practice richer. Through the analysis of the argumentative focus of case one, the support obligations between the husband and the wife, according to " marriage law of the PRC" provisions,does not contain duty to rescue. The special relationship between the husband and the wife is not necessary to become a source of the duty of rescuing. The dispute between the husband and the wife is not the behavior which is inevitable to bring about another act. Some foreign countries stipulate the crime of not rescuing the people in danger as the manner of the Criminal Code. However, this can not be copied in our country. The judicial practice still applies impure negative crime theory to solve the case two which involves the lovers. The result is,on one hand the court in case one could not justify; on the other hand, it highlights immature of this theory. Obviously, the judicial practice and the theory are out of line. The case three also involves the lovers not rescuing, but the innovation judgment of the court provides new thinking space for the husband’s omission behavior.In judicial practice, the logic syllogism of the court and the short judgment reasons further guide our reflection. Through the theoretical analysis of criminal law, we make out the value appeal of the court and the law culture in our country.