Analysis On Conviction Of Suicide Participation Behavior

Throughout all times, suicides are not uncommon. In ancient times, for example, Qu Yuan drown himself Miluo and Xiang Yu cut his own throat; in modern times, with the rapid development of the society, people have to face increasing pressure from all sides, which leads to a high rate of suicide. This paper focuses on the criminality of suicide participation behavior, starting with evaluating suicide legally.The first part is to define suicide participation behavior. Through the analysis of the two elements, "participation" and "suicide", the paper demonstrates suicide participation from the object, subjective, objective aspects. According to the behavior differentiates suicide participation behavior is divided into two parts, one is abetting suicide, the other is helping suicide. Both are distinct from other suicidal relational behavior in objective and subjective aspects.The second part is to discuss the social harmfulness and ethics violations of suicide participation behavior.The third part includes different evaluations and doctrines on conviction of behavior of suicide participation behavior. It shows theories that behavior of suicide participation which accords with perpetrating act of intentional homicide can be directly convicted of intentional homicide; that victim who is identified as indirect crime is a tool of achieving the purpose of actor; that abetting act produces obligations of omission; that of analogical reasoning what is losing theory basis with criminal law developing; that of accomplice.The forth part analyzes incrimination paths of accomplice theory. Firstly,we should make clear that our current legislation of accomplice theory is dividing mode.On that premise,behaviors of suicide and suicide participation conform to concept of accomplice in the 25th article of criminal law. By "affiliated accomplice", behaviors of suicide and suicide participation have subordination in respect of conformance and illegality of constitutive requirement, forming the relationship of the accomplice and principal; By "Mixed provoking", it indicates the illegality of suicide participator.