On The Criminal Law Regulation Of Suicide Participation Behavior

With the rise of the right standard, the concept of freedom. Liberalism has gradually increased to the core value system of the country. However, as a kind of right, freedom is protected by law, and it is bound to be restricted by law. Especially in the field of criminal law, the extent to which the division of liberal values of the territory also has a lot of controversy, the core of the controversy than the community members are entitled to the right to dispose of life? To participate in the behavior of others self disposal of life should be regulated by the criminal law and how to achieve the regulation of criminal law? In the reality of the lack of legal norms, how to clearly answer these questions, theoretical circles appear such as "Kaleidoscope" phenomenon: have scholars believe that citizens enjoy the right to self-determination, have the right to dispose of their own life, so suicide is not illegal and suicidal behavior in also should not be punished; also scholars believe that suicide illegal, involved in suicidal behavior can be punished. And the theory circle flowers contending situation is judicial practice suicide is not a crime, suicide participation behavior punishment has become the mainstream view. But in judicial practice of suicide in the conviction and sentencing of the behavior because of the lack of legal basis, and in judicial subjective. In the process of intentional homicide, there are also the punishment of the crime of negligence causing death. On the crime of intentional homicide sentencing both sentenced to imprisonment, also identified as less serious and probation, there is the use of cult abetting suicide in prison to punish. Disharmony in the judicial practice. It not only causes the judicial confusion, but also a violation of the basic principle of legality of criminal law and the principle of suiting punishment to crime, is not conducive to play to the criminal law punishing crime and protecting human rights, safeguard social fairness and justice.Will be involved in suicidal behavior into the scope of criminal law and in criminal law 232 addition suicide in crime and judicial practice provide criminal law applicable standards, to balance the judicial activities, protect the citizen’s legal interests of life, more conducive to play the function of the criminal law on the prevention of crime. Therefore this paper will be based on the starting point, based on the judicial practice, analysis of suicidal behavior in typical case and the referee essence, from the typical case of suicide in the conviction and sentencing of the behavior to think of suicidal behavior in the traditional processing mode is reasonable, conduct a preliminary understanding of the issues related to suicide behavi or of participation in the judicial practice exists. Then from judicial practice exist problems started in on suicide participation behavior in the presence of the premise that suicidal behavior and determine the connotation and the extension of the illegal based on explicitly committed suicide in the connotation and denotation of the behavior. Again from the legislative model of foreign hands, to study other countries involved in suicidal behavior of criminal law legislative path, and analysis of our country’s judicial practice will suicide in the conviction and sentencing of the crime of intentional homicide against the basic principles of the criminal law of the People’s Republic of China that crime and punishment and the principle of a legally prescribed punishment for a specified crime adapt to the principle. Therefore, the author advocates drawing on the legislative experience of other countries, to seek legislative regulation path of suicide participation behavior, that is, the addition of suicide in the criminal law 232. In line with the principle of scientific legislation, the system of suicide participation behavior regulation is consistent with the reality of our country’s legislation and judicial decision logic.