夫妻间一方自杀另一方不救助行为之定性研究

A Qualitative Research of the Inaction on Couple's Suicide

夫妻间一方自杀、另一方不救助导致死亡结果发生的案件,在司法实务中大多数被定性为不作为的故意杀人罪,少数却获得了截然相反的无罪判决,学界对此也存在较大的争议。以不作为的故意杀人罪定性虽在司法实务中最为常见且为许多学者所支持,在作为义务的来源与性质方面却不尽合理。而另立罪名也面临着理论上的争议与操作上的困难。对于夫妻间一方自杀、另一方不救助行为,对现行遗弃罪进行一定的修改与完善,不失为较为合理可行的解决方案。

Those who do not perform saving-actions in the case of their spouses＂ suicide are usually convicted of intentional homicide but some of them are acquitted. On such case, there has been a dispute in the academic field. This thesis discusses the sources and properties of duty to act, emphasizing the analysis of the irrationalities of the intentional homicide conviction, which is mostly supported by scholars and generally executed in the practical administration of justice. It also illustrates the difficulties in either building or carrying out new laws. It comes to a conclusion that the best way to make the conviction of non-saving behaviors under spouse＇s suicide is to adjust and improve the current law of abandonment crime.