夫妻一方对他方自杀而“见死不救”之刑事责任新探——从“宋福祥故意杀人案”之判决理由谈起

A Review of the Penalty for One's Nonfeasance to His/Her Spouse's Suicide: A Case Study of Song Fuxiang's Intentional Homicide Case

"罪刑法定原则"与"罪刑相适应原则"已经成为我国刑法的基本原则。"宋福祥故意杀人案"之判决理由欠缺合理性与合法性,夫妻一方对他方自杀而"见死不救"的不应当承担刑事责任。在刑事审判中,法官应"以事实为根据,以法律为准绳",以作出正当的个案裁判为己任,在审判中真正做到符合"罪刑法定原则"与"罪刑相适应原则",才能切实保障公民的合法权益,维护社会的和谐稳定,也才能真正实现依法治国。

Given the situation that our government strongly advocated strengthening the constructions of the harmonious society of rule of law, the principle of a legally prescribed punishment for a specified crime and the principle of suiting punishment to crime are the foundations of the Criminal Law of the PRC. The present paper discusses the rationality and legitimacy of the ratio decidendi in Song Fuxiang＇ s intentional homicide case, and points out that the nonfeasance of a person to his/her spouse＇ s suicide is not guilty. In the criminal trial, judges should act on the basis of facts and take the law as the criterion, meeting the fundamental principles of criminal law. Only then can citizens＂ legitimate rights and interests be protected and social stability be ensured and the goal of building a society of rule of law be achieved.