Penal Research On The Action Of Assisited Suicide

In judicial practice,we regard the action of assisted suicide as the action of murder,and convict the helper of murder. But,when we compare the two actions,we will findthat what we do in judicial practice is not very reasonable. And in theory,the scholarsalso have different ideas about this problem. So the author research the action ofassisted suicide in this version,hope to give help to perfect the legislation of theaction of assisted suicide.In this version,the writer research this action in five aspects:The first aspect is to summarize the action of assisted suicide. The first part is todefine the suicide. The writer considered the suicide as the action that a people whohave the cognitive ability and control ability,puts the action of closuring his life intoeffect by himself or other peoples’ help,with his own free well.The second part is tointroduce the legal evaluation of suicide. In the word,almost all the counties don’tcondemn the suicide, only if the suicide endangered the public security or specificpeople’s life or property. That two kinds of suicide are also not what the author talkabout in this version. The third part is to define the action of assisted suicide. Thewriter thinks that this action means that when the suicide asked the helper to give ahands for his suicide like offering the suicide tools or means,creating the objectivesurroundings and so on,the helper do as the suicide asked after the asker decide tosuicide.The second aspect of the version is to comment the condemnation of the action ofassisted suicide in judicial practice. By researching the real cases in the judicialpractice,the writer fond that all the action of assisted suicide condemned asmurder,and condemned this action in the lower legal punishment range of murder. Butby comparing the two actions, the writer found that they are different in intrinsicquality,that is the consent of the victim. If we want to use the interpretations of thecriminal law to explain this action as murder,only the analogical interpretation issuited,but that interpretation violate the Principle of legality.So thatt the jurors useanalogical interpretation to explain the action of assisted suicide as murder,andcondemn this action as murder also violate the Principle of legality.The third aspect is to reconsider the action of the assisted suicide in criminal law. On the base of the Principle of legality,this action can not been condemned as a crime inpresent criminal law. But this action corresponds the substance of the crime in ourcounty, that is this action has serious social perniciousness, the main three expressionsare the helper’s subjective malignance,encroaching on other people’ life and thisaction having becoming a form of crmime. In this version,the author also resolved thelagical predicament that is why the suicide is’t condemned as crime but the assisitedaction will been condemned as crime. The reason is that the action of the assistedsuicide has the apect which is independent of suicide,that aspect is that this action hasencroched on the suicide’ right of life,this aspect make the action of assisited suicidebeing different with the suicide intrinsically.So the writer think that this action shouldbe condemned as crime.The forth aspect of the version is the lagislative conception of assisted suicide incriminal law. The author use other county’s legislation for reference, that is increasinga charge as assisted suicide by the criminal bill of amendment,to fill the lagal blankspace.And put the legal provision of assisted suicide after the murder,as the one ofcriminal law act232,set up subjective and objective documents for the assisted suicide.And then use the judicial practice and the legal pulishiment range of murder forreference,on the basis of the circumstances of crime,set up two different ranges oflegal pulishiment range for the assisted suicide.