A Study On The Crime Of Suicidal Participation

There is no country punish the suicidal behavior in the world,but many countries are involved in suicidal behavior punished.Legislative interpretation and doctrine punish suicidal behavior world to participate in the current national point of view,it has been forced to incriminate reason,seven contrary to the basic concept of the Penal Code(the principle of legality,accomplice theory from the property,etc.) does not meet modern criminal law The Humility of spirit and the value of the function of criminal law to protect human rights.Abet,help whether suicidal behavior constitutes a crime,criminal theories has been a long-debated topic. Scholars from different angles of the problem studied,disagree,the conclusion is also very different.Chinese Judicial Practice often abet,assisted suicide,intentional homicide be punished by this practice and theory contrary accomplice from the property,he explained the criminal law expanded the scope of intentional homicide, is incompatible with the principle of legality.Analyzing abetting,whether assisted suicide a crime,and ultimately to implement to abet,to help the suicidal behavior and the causal relationship between the results,the causal relationship is the most direct and most effective way to resolve the contentious issues.Among the doctrine of causality,the objective imputation theory is more scientific and more rational,with its basis whether to participate in research suicidal behavior constitutes a crime,the conclusion will be more reliable.In addition,the judge abetting,whether assisted suicide a crime,according to China’s criminal law theory Tong said the accomplice from the property,said the conclusion can be drawn innocence,since as the perpetrator of the suicide is not a crime,then punishment instigator helper on the lack of a legal basis. Moreover,from the perspective of infringement of legal interest will also come to the same conclusion that the death was suicide to give up their own life legal interests,and abetting,has nothing to do to help, and even can be said that suicide deaths simply cannot be considered abetting. Help those on the "other" legal interest infringement.This paper introduces and analyzes the theory of Germany,Japan,China and the three countries involved in acts of suicide,criminal theory in the three countries of different theories,different viewpoints on the basis of summarizing and criticism are combined with the specific cases and China’s actual situation multi-faceted research,presented the author’s views and reasons. This article mainly from the accomplice from the property theory,method of Infraction and causation analysis theory of the three angles demonstrate suicidal behavior does not constitute a crime involvement. Articles specific structure is as follows: First,starting from the meaning of suicide,suicidal behavior research is illegal. Secondly,and analysis of criminal law theory Tong said deficiencies. Again,to borrow from the property accomplice theory,law Infraction theory, theory of causation specific enough to demonstrate suicidal behavior involved in intentional homicide.