| 刑法学视角下的夫妻扶养义务——从不作为犯罪义务来源的角度分析 |
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| 引用本文： | 闻志强.刑法学视角下的夫妻扶养义务——从不作为犯罪义务来源的角度分析[J].福建警察学院学报,2013(5):38-43. |
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| 作者姓名： | 闻志强 |
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| 作者单位： | 华东政法大学,上海200042 |
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| 摘 要： | 夫妻扶养义务不仅仅限于物质上的金钱给付义务和精神上的关心照料义务，还包含救助义务。而且其与救助义务水乳交融、不可分离。夫妻扶养义务不属于基于密切关系形成的重大道德义务，而是刑法不作为犯罪义务来源之一的“法律明文规定的义务”。
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| 关 键 词： | 夫妻 扶养义务 救助义务 不作为犯罪 义务来源 |
Duty of Support between Husband and Wife on the View of the Criminal Law - Based on the Criminal Obligation Source of Negative Act |
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| Institution: | WEN Zhi - qiang (Law School of East China University of Political Science and Law, Shanghai 200042, China) |
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| Abstract: | The duty of support between husband and wife is not limited only to material obligations of money paid or spiritual obligations of care and treatment, but also include duty of assistance, and it is in harmony with assistance duty, and cannot be separated from it. The duty of support between husband and wife doesnt belong to the moral obligations based on close partnership, while it belongs to the obligation ＂ expressly prescribed by law＂ , which is one of the criminal obligation sources of negative acts. |
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| Keywords: | husband and wife duty of support obligation of assistance crime of negative act source of obligations |
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