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Researching On Suicide Participation Behavior

Posted on:2015-01-18Degree:MasterType:Thesis
Country:ChinaCandidate:M Y QianFull Text:PDF
GTID:2266330428999239Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In China, the behavior of committing suicide is not belonging to the crime. Out ofrespect for the individual’s own decision, in the position of the theory of legal interestviolation, the Law should admit the legality of the behaviors of committing suicide. In ourcountry, the behavior of abetting, assisting suicide and some other relevant behavior ofcommitting suicide also is not involved in the crime, however, in academic and judicialpractice,the participation behavior will be evaluated to the behavior of intentional homicide.Relevant behaviors of committing suicide and behavior of intentional homicide should bestrictly distinguished, moreover, according to our theory of accomplice subordinate whichis accepted and admitted by academic, Criminal Law cannot be reasonably regulatedtemporarily. In consideration of dispose of the right to life only belongs to individual, itshould be excluded of the involvement of others, the social order is severely damagedbecause of these behaviors, in the view of paternalism, relevant behaviors should bepunished based on Criminal Law. The only method which can resolve this contradiction isthat relevant behaviors should be convicted individually in order to guarantee thelegitimacy, rationality and sentencing accuracy of penalization.
Keywords/Search Tags:abetting suicide, assisting suicide, punishablility, convict individually
PDF Full Text Request
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