The Substantive Analysis Of Affirmative Obligation About The Offense Of Non-typical Omission

Having no rescue on the suicide spouse cannot be completely evaluated only from formal obligation.The obligatory resources of the offense of non-typical omission should be analyzed from basic facts and social division,combining the normative dominance theory which bases on the domination theory of cause of result.Causality of the offense of non-typical omission should include the judgement of affirmative obligation.Although the causality has no physical and visible process,it doesn't mean that the actual causality is nonexistent.Instead,it has two effects on result.It is improper for the expectation theory emphasizing imputation to demand nearly certain possibility to avoid result,which should adopt the standard of above fifty percent,and have the same rule as the causality of action crime.The equivalence of omission and action means the punishable equivalence instead of perpetrated one,which should be included into the judgement of affirmative obligation as a directive and explanatory principle.While the behavior of having no rescuing to suicide spouse only constitutes the offence of abandonment or accessory of omission,the behavior of avoiding others' rescued opportunity can constitute the offense of omission of intentional homicide.