The New Path Research On The Punishable Of Abetting Suicid

Abetting suicide to the problem is in the theoretical circle widely discussed topics, In recent years, along with the judicial practice and relevant laws and regulations, the subject is aroused deep concern of scholars. Unlike other suicide associated crime specified in the national legislation, our country but there was no clear special legislative provisions, the discussion is more realistic and necessity. Scholars for abetting suicide to the problem is, of course, the two basic stance " penalty " and "no penalty ". Said it still seems to be in accordance with the criterions for the conviction to murder, at the same time, based on the scholars also apply the relevant theories from different points of view for their argument and certificate.How to punish and its theory and practices on the basis of what is behind, scholars argument involves a lot of theory. But no matter which kind of theory argument attempts to use do not seem to be consistent with the recognition, is always "slack". In general, its core question is the practice of "suicide" is a murder behavior and the nature of the "suicide" is legal or illegal fist question disputed between the two. This article through to comb suicide qualitative evaluation, in favor of "suicide is neither legal nor illegal ’outer space saying"". At the same time to accomplice properties especially explores the nature of abettor, in that our country on the accomplice participation system is "single crime system" position, Thinking our country criminal law theory in tong said the role of "duality" (refers to abet duality) although was assailed, But in the context of laws in China, it is not inappropriate, for abetting suicide can be sent at the same time and find the theoretical basis, But the "duality" must also recognize that it is a theory localization characteristics of the criminal law theory in our country. Simple abetting suicide behavior has the serious social harmfulness, deserves the punishment of the criminal law, at the same time meet the requirements of "intentional homicide" of the subjective and objective, Most scholars think that according to the murder of convicted and punished when none, just consider its means and the plot, should be given a lighter or mitigated punishment or be exempted from punishment. This article before in favor of the scholars use "duality" to argue about this question at the same time, put forward their own opinions, in order to make the problem of theoretical arguments more convincing.