Research On The Punishing Grounds Of The Behavior Of Instigating Or Helping Suicide

In the modern society, suicide case happened more and more frequently, which has became a kind of sick social phenomenon. For how to evaluate and determine the nature of the behavior of person willingly finishing own life, there is no uniform statement in criminal theory and judicial practice. Meanwhile, for how to determine the nature of the behavior of instigating or helping suicide, whether the behavior has the culpable illegality or not and whether the behavior should be defined as a separate offense, there is no uniform statement in criminal theory and judicial practice, too.If we want to figure out the punishing grounds of the behavior of instigating or helping suicide, we must determine the nature of suicide. Firstly, via analyzing different kinds of theories of the legal nature of the suicide, the author gets a conclusion that the suicide has the nature of the illegality. Secondly, the author analyzes the concept and the classification of the behavior of instigating or helping suicide and confirms which behavior should be called the behavior of instigating or helping suicide. Lastly, the author analyzes whether the behavior of instigating or helping suicide should be defined as a separate offense, via analyzing different kinds of theories, which are whether the behavior of instigating or helping suicide has culpable illegality or not, via the stipulation of the behavior in the criminal laws of the different countries and areas and via disposition of the behavior in the judicial practice of our country, trying to get a conclusion, which is that the behavior of instigating of helping suicide has the culpable illegality and should be defined as a separate offense. Of course, the author does not discuss all aspects of the theories of the punishing grounds of the behavior of instigating or helping suicide in the paper.The author analyzes step by step the suicide and the behavior of instigating or helping suicide in the paper, which serves as a modest spur to induce someone to come forward with his valuable contributions, and the author hopes the paper could help other scholars have introspection about the research on the punishing grounds of thebehavior of instigating or helping suicide.