兼具医师及丈夫双重身份的当事人,以不作为的方式放任其妻病痛发展直至死亡,学理上对该种案件存在无罪论及有罪论两种观点,其中有罪论又包含“故意杀人罪说”及“遗弃罪说”。“故意杀人罪说”对于当事人作为义务来源无论是从夫妻关系亦或是医患关系角度出发,都无法做出合理解释,“遗弃罪说”则有违我国遗弃罪犯罪构成标准。因此,当事人的行为可受到道德责难,但本着罪刑法定的原则,其行为不应纳入刑法规制领域。 Both parties, physicians and husbands, both indulge their wives and their pains until their death. There are theoretically two kinds of views on innocence and guilt in such cases. The guilt theory also includes “intentional homicide Say ”and “ Abandonment Says ”. “Intentional Homicide,” said “for the parties as a source of obligation both from the husband and wife relationship or the relationship between doctors and patients can not make a reasonable explanation, ” Abandonment Says "is against the standard of crime of abandonment of our country . Therefore, the behavior of the parties may be subject to moral censure, but in line with the principle of legality, its behavior should not be included in the field of criminal law.