Font Size: a A A

Research On Abetting And Assisting Suicidal Behavior

Posted on:2015-11-11Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y XiFull Text:PDF
GTID:2296330467454417Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In today’s rapid development of society, people face the pressure from all aspects,and mental health is often in a tight state, the phenomenon of suicide has becomemore and more common. However, suicide rate increase is not only determined bymental factors of individual, but also often accompanied by external factorscontributing to suicidal behavior. Sometimes, these external factors can influenceeven suicide inner factors to determine the occurrence of suicidal behavior or not. Theexternal factor is what we call suicide behavior. In these suicide associated behaviors,given the characteristics of abetting suicide and assisting suicidal behavior are in avery important position.But no matter for abetting suicide or assisting suicidal behavior, the regulationsof PRC criminal law are ambiguous. Some common current judicial practices includeconviction as reference to murder, and others do not constitute a crime, therebycreating judicial confusion. In order to regulate abetting effectively, help suicidebehavior, and thus reduce rates of suicide in our country, it mainly analyzes abettingsuicide and assisting suicide behaviors from three aspects. This article aims to seekout a reasonable suicide behavior regulation and a rational evaluation on criminal law.Except introduction and conclusion, this paper will be divided into three parts.One for the summary of abetting suicide behaviors, then for my own viewpoints onabetting, assisting behavior in criminal law regulation: The first part mainly elaborated the basis and reason of abetting, and assistingsuicide as a foothold in the study of suicide associated behavior. As the most commonin suicide behavior forms, abetting and assisting suicide are not inclusive among othersuicide behavior. Since the frequencies of in real life are higher than other associatedsuicide behavior, it has a greater harm than other associated suicide behavior.Therefore, there is more necessity in studying abetting and assisting suicide behaviorthan other associated suicide behaviors.The second part mainly discusses some problems existing in the abetting andassisting suicidal behavior. The first area is regarding the relationship betweenabetting and assisting suicide behavior and the criminal liability, by judging whetherthere would a causal relationship between abetting, assisting suicide behavior andserious harm to right of life. Thus, objective foundation can be established criminalresponsibility by investigating abetting and assisting suicidal behavior; The secondaspect mainly judges the possibility of criminal negligence in assisting suicidebehavior to prevent negligence assisting behaviors from assisting suicide; The thirdaspect judges the possibility of suicide behavior person is not as a crime abetting, toprevent the unreasonable evaluation between suicide death results and abetting,assisting suicide conductors. Solution through the three problems, which makes forabetting, help behavior in criminal law on the evaluation to have a unified standard.The third part aims to analyze the possibility of an independent conviction toabetting and assisting suicide behavior. The analysis is based upon the qualitative forsuicidal behavior to determine the necessity of abetting, assisting suicide alone intothe sin. According to its own social harmfulness in sentencing, reference andintentional killing crime in the criminal negligence made tentative artificial deadly sin.Through the conviction and sentencing of two aspects, judicial practice can play animportant role in regulating abetting and assisting suicidal behavior.
Keywords/Search Tags:abetting suicide, assisting suicide, causal relationship, negative act, criminal negligence
PDF Full Text Request
Related items