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The Criminal Evaluation Of Suicide Related Behavior

Posted on:2013-11-25Degree:MasterType:Thesis
Country:ChinaCandidate:H B MaFull Text:PDF
GTID:2246330395452313Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of the society, a wide range of values is emerging, Committing suicide in real life is even more common. But the suicide cases are very complex including other factors, when a certain influence by human, in particular, the ones discussed in this paper:abetting suicide behavior,help suicidal behavior, both suicide is coming, whether are these behavior of the damage to others’life and the whole society value by criminal law? And there are no clear issues about this, so all the above leads a judge can not deal with according to the criminal law, leading to a confused practice.For the Punishment crime prevention、better playing the function and purpose of criminal law, for three types of suicide related behaviors,the writers first introduced the concept of suicide related behavior and The three main types, including the understandings of related concepts; then introduced three types of suicide related behaviors, through the cases leads to the controversial practice, introduced the controversial view of the criminal law evaluation of the different suicide related behavior, through foreign legislative experience to analyze whether there can be fined and the solutions. The writer believe that abetting suicide is abettors abets another with no suicide attempts, but it’s different from232elements of the crime law, it’s contrary to principle of legality, referring with foreign legislation, we can set it as the crime of abetting suicide sitting in the chapter of violation of civil rights and setting in232of the Penal Code as a new issue, we can set up two stalls to five years imprisonment and seven years basing on the behavior. Help of suicidal behavior is determined to commit suicide by free will, the help is just one of many factors contributed to successful suicide, the basis on full respect for the natural persons personal choice, we should not set it as crime. Finally, after clearing on the basis evaluation about abetting suicide and help suicide, suicide both is similar to the other types, we should take the difference from them. Besides the behavior including the abetting suicide and the one should be help, it is not a crime.
Keywords/Search Tags:Suicide related behavior Abetting suicide, Help suicideBoth suicides
PDF Full Text Request
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