Abetting Others To Self-harm Behavior Identification And Handling

In recent years, the amount of the suicide and the self-inflicted injury has been rising. In our country, the suicide and the self-inflicted injury generally does not be the crime. The reason of the suicide, including instigating assistor's malicious act, is complex. The behavior to instigate other people self-inflicted wounds or to help other people to self-inflicted wounds has the extremely serious social risk. How to treat this behavior is different in each country. For our country criminal law hasn't explicitly stipulated how to process the behavior, there are different viewpoints in the theorists and the judicial practice at present, but many people think which should be determined guilty of murder. I think the behavior, about which there are the independent stipulation in the criminal law, is different in essence with guilty of murder. I give some idea on legislation in order to offer some help to the work of legislation.This paper consists of three parts: introduction, text, conclusionThe first part analyzes the hazard of instigating other people to self-inflicted wounds, and elaborates the significance in the processing theory and the practical.The main text consists of seven parts.The first part introduces the case and the different settling opinions, and make clear that the focal point is whether the behavior is the crime or not.The second part mainly introduces four theories on the behavior. The first is that the behavior, which based on the victim's request, is not the crime. The second is that this behavior should not be recognized as guilty of murder or guilty of assault, and should be recognized as an analogous guilty. The third is that the suicide or the self-inflicted injury is not crime in our country, thus the behavior to instigate or to help other people self injury should not be recognized as the crime. The fourth is that should directly be recognized as the murder.The third part analyzes the reasonableness and the flaw of each viewpoint above.The fourth part sets forth the own viewpoint that the behavior should be recognized as an independent crime. Based on analyzing our country scholars' opinions about this issue and studying each country stipulation in the law, I think that the behavior has the social hazardous nature, and should be given the legal responsibility. The accomplice theory and the indirect principal offender theory are not suit to explain this behavior, and this behavior should not be recognized as guilty of murder or guilty of assault, should be recognized as an independent crime.The fifth part points out the constitution of instigating other people to self-inflicted wounds. It is necessary to illustrate the subjective and the objective aspects of the behavior particularly. As to the objective aspects of this behavior, the means of instigating hasn't been confined, but it should not strip off the instigated person free will. The instigated person should have criminal responsibility. The subjective aspect of this behavior is to have the intention to instigate someone to do this behavior, namely the intention of instigating.In the sixth part, according to the analysis of the theory parts, I make the preliminary design in the legislative stipulation.The seventh part mainly points out several questions which should be paid attention to in the judicial practice.The conclusion part summarizes the full text with brief sentences.