Analysis On The Criminal Evaluation Of Suicide Participation Behavior

Although suicide behavior in the world has not be treated as a crime, but it doesn’t mean suicide participation behavior can also be outside the criminal law. At present, suicide participation behavior is not treated as a crime in Germany, according to the objective of imputation theory. The rest of countries all over the world think suicide participation behavior belong to crime, and it will be conviction alone. Despite suicide participation behavior is recognized as the intentional killing crime in China’s judicial practice, due to the present criminal law in our country have not give any of the terms on suicide participation behavior, there is a great controversy on punishment and identification problem of suicide participation behavior in theory.Suicide participation behavior refers to the suicide was established under the premise of suicide, suicide to person deliberately deprived of his life with a series of the floorboard of behavior. Its form is varied, which mainly includes instigate others suicide and help others suicide and suicide pact behavior. Due to suicide participation behavior violate the constitution of the most basic position and social good custom, is the life of another person to subjective vicious and actively involved in other people commit suicide objective behavior, and suicide participation behavior occurred frequently undermine social stability, the influence of the unity of the peace and order of the country. So suicide participation behavior itself has the serious social harmfulness, it should be included in the criminal law. And because in suicide behavior and intentional homicide the distinction that having essence, namely do not accord with the basic components of intentional homicide, nor modified components; Do not accord with indirect crime of intentional homicide, also do not accord with a intentional homicide, more can’t simply analogous to intentional homicide. So in fact but suicide behavior Angle analysis, according to the principle of legality, shall be deemed the innocent.In order to better able to punish and prevent the crime, protect citizens’life rights and interests against infringement, Chinese criminal law should be from the perspective of ought to, the separate into sin. Through the foreign and some related areas legislative model, combined with China’s present criminal law legislation style, Chinese criminal law should add solicitation and help others suicide sin this selective charges, and should be arranged in after intentional homicide, The charges should be different according to circumstances, the different object is divided into three paragraphs, namely basic charges, eliminate guilt and aggravate charges; Its legal punishment from the whole analysis, should be subjected to our country criminal law misdemeanor criminal law amplitude give configuration, but also should be based on three different charge give different legal punishment, in order to better implement the principle of suiting penalty. Such legislation setting can better carry out the criminal law principle of legality, and can protect the citizens’life rights and interests shall not be violated, and more able to safeguard the state of the rule of law and social stability.