The Instigation Of Criminal Responsibility In The Case Of Abetting Suicide

Abetting suicide as a special case of suicide, constantly into the line of sight of people,also caused the attention of the society and the public. Legal experts also from the perspectiveof legal theory, in combination with judicial practice, to study and discuss the legal issuesinvolved, including the cognizance of criminal responsibility problem gradually become thefocus of exploration. China’s criminal law for abetting suicide have specific provision, thetheoretical circle for abetting suicide behavior qualitative is controversial, but in practice,cognizance abetting suicide case of criminal responsibility is very necessary. How the authorhere for abetting suicide qualitative were discussed, and according to the principle of a legallyprescribed punishment, criminal responsibility for abetting suicide cases identified problemsare analysed.In my opinion, in the case of the law is not, this problem has caused controversy in thejudicial practice, it is very important to one of the reasons is because of the specific conditionsof the specific case is different, involves the different types of abetting suicide, the directcause for the offender behavior qualitative differences, and thus concluded that differences ofcriminal responsibility. Therefore, the author thinks that in cognizance abetting suicide tocriminal liability in the case, for the purpose of this thesis, determine the concept andconnotation of abetting suicide, precisely divide various types is the important prerequisite. Inthis article, the author of the concept of abetting suicide behavior can be divided into generalabetting suicide behavior and narrow abetting suicide behavior, at the same time, in thenarrow sense solicitation behavior under the category of suicide, divided into the instigatedperson have suicidal intention of abetting suicide behavior and the instigated person without asuicide attempt abetting suicide behavior of the two kinds of situations, the classification onthe basis of the author from the different types of abetting suicide behavior character analysis,probe the abetting suicide in the cognizance of criminal responsibility.In this process, theauthor formed by different conditions for different abetting Dutch act case, each conditionaccomplished for abetting abetting Dutch act in Dutch act and instigated Dutch act behaviorqualitative, gradually study the instigation of criminal responsibility in the case of Dutch act.Of course, the author discussed in the article is more of a theoretical thinking, is in forabetting suicide behavior patterns are discussed at the same time, determine the instigator ofthe criminal responsibility, but under the concept of abetting suicide the most narrow sense,the author intends to start from abetting suicide behavior, and then discusses practical operating standards.