Study Of Whether The Abetting Suicidal Behavior Is Punished

The phenomenon of suicide and abetting suicide have become more and more common in recent years. The developing trend of the world is insist to punish abetting suicidal behavior,the regulations of PRC criminal law are ambiguous.The popular criminal theory and judicial practice agree with that the abetting suicidal behavior should be determined guilty of murder.I don't agree with that idea.In consideration of the special criminal participation of our country,I think it's better to determine an independent conviction to abetting suicidal behavior.The article has four parties.The first part mainly elaborated the regulations of PRC criminal law and the judicial interpretation related to abetting suicide.The processing mode of judicial department is not so perfect that it produces some arguments.The I introduces three models. 1.based on the system of differentiating between the principal and the accomplice,not to punish suicide or abetting suicide; 2.based on the system of differentiating between the principal and the accomplice,not to punish suicide but to punish abetting suicide; 3.based on the system of all participants being regarded as the perpetrator, to punish abetting suicide.The second part is about the path analysis of criminalization of the abetting suicide.The first way is the crime of intentional homicide based on the Article 232 of the Criminal Law.In the way of accomplice,it includes:1.the principal offender is out of punishment,but the abettor sets up an accomplice;2.the principal offender is out of duty,but the abettor sets up an accomplice.In the way of non-accomplice,it includes:1.A person of abetting suicide is the indirect principal of the intentional homicide;2.A person of abetting suicide is the direct principal of the intentional homicide;3.A person of abetting suicide confirms the crime of omission of the intentional homicide.The second way needs to add the Criminal Law with the regulations in the theory that the abetting suicide sets up a crime.The third part discusses which way we should choose if the abetting suicide sets up a crime.In the beginning,the author judges the system of participating Crime in our country is the special two-level divisional system..Firstly,from the respect of division of labor, the accomplice should be convicted a crime that is same with the principal offender.Secondly,from the respect of measurement of penalty,the roles that different participates play in the crime can be a measure to distinguish the principal offender from the accomplice.in China,the accomplice is subjected to the principal offender.As a result,we can't punish a person as a instigator of intentional homicide if he conducted the abetting suicide.The second section followed by is on the analysis of the harm of the abetting suicidal behavior in our country.At first,the author tells the reason why the abetting suicidal behavior doesn't set up the indirect principal of homicide,nor the direct principal or the criminal omission.Then,the author gives the way that we should set up a new accusation named the abetting homicide,the article verifies the perpetrating act of the abetting suicide and the severe danger it brings to the society.The third section reaches an conclusion:the abetting suicidal behavior should set up a independent crime.The behavior is illegal naturally,so it should be named as the Crime of abetting suicide based on the essential feature of abetting someone to kill oneself.The statement in the Criminal Law as follows:abetting others to commit suicide,the instigated do kill himself and be dead,the abettor should be punishment with an imprisonment not more than 3 years to 10 years;if the instigated don't go to the result of death,the abettor should be punishment with criminal detention or public surveillance,or an an imprisonment less than 3 years.The forth part is the final summary.The author presents the whole context from the beginning to the end in a brief way,as well as recording the writing process.