论文部分内容阅读
夫妻一方对他方自杀却见死不救的行为是否构成犯罪,这是一个关系到法律与道德、不作为义务之来源、法律解释等诸多方面问题的论题。有人认为该行为构成犯罪,是由于夫妻一方具有法定的作为义务而违反了该义务,并且该义务是在对法律的当然解释下得出的。然而,当然解释下得出的法定义务成为认定行为人触犯严重罪名的理由,显得十分牵强,这样的结论不符合刑法的因果关系理论以及犯罪构成理论,亦有悖于罪刑法定原则。
Whether a couple acts as a guilty conscientious object to commit suicide on the other side constitutes a crime is a topic that concerns many aspects such as law and morality, non-obligation as a source, legal interpretation and so on. It is argued that the act constituted a crime because the spouse had a statutory obligation as a violation of that obligation, which was derived from the legal interpretation of the law. However, of course, the legal obligation derived from interpretation becomes the reason that the perpetrator is found guilty of serious crimes, which is far-fetched. Such a conclusion is inconsistent with the causality theory of the criminal law and the constitution of crime, and is also contrary to the principle of legality.