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Suicide Behavior Of Criminal Responsibility

Posted on:2018-10-24Degree:MasterType:Thesis
Country:ChinaCandidate:L MengFull Text:PDF
GTID:2336330512984113Subject:Law
Abstract/Summary:PDF Full Text Request
However suicides in practice tend to be very complicated,especially when suicide pact appeared in this paper,we need to delve into the conduct.This article through to three types of suicide behavior of criminal responsibility,the demonstration analysis of suicide behavior violate the fundamental law of profit is the basis of personal right of life,whether of suicide is not the dead shall bear criminal responsibility of difficult issues for research.Life is an important part of interests,legal interests,in order to maintain my life should be no law benefit main body in their life to self-determination,invasive suicide itself has the law benefit,just as punishment cannot be effectively attempted suicide or can't expect the deterrence accomplishment of suicide is against will continue to live,to be removed from the criminal responsibility.This article is divided into three chapters,with three arguments of suicide cases.By introducing the voluntary suicide pact,for as the leading behavior of crime can not be as obligations,the source of the problem are discussed.First of all from the perspective of theory and judicial practice related clear leading behavior caused not as established condition of the crime.Second one of the most controversial in the educational world leading behavior,the definition of the scope of from the point of view of legal evaluation,thought to cause the scoping of leading behavior problems of the dangerous situation should not interference by nature of its behavior.Finally leading arguments from the perspective of the criminal law causality behavior as obligations as existence of rationality and inevitability.Through introducing the victim commitment to suicide,the killing of victim promise to pay.Enumerates the victim's promise of the basis,analyzes the commitment of the four key element of the act being exempted from the victim,focuses on commitment in the object of people do not enjoy the right to life of disciplinary power,therefore is to kill the victim promise,but the behavior of the person still belongs to the charges of intentional homicide,but because of the victim's commitment to the specific circumstances,and is in a suicide pact so on sentencing may be given a lighter punishment.By introducing the type abetting,help suicide pact for abetting and explore the path of accountability for help behavior.First proposed instigated and suicide to help others is punishable,secondly,the current criminal law is not explicitly stipulated in the text,thus put forward three different accountability for paths,one by one,discusses its advantages and disadvantages,ruled out direct intentional homicide,not as a murder and indirect crime of intentional homicide for accountability for path,after the final claim in a suicide pact instigated and helping behavior should be in accordance with an accomplice to murder the path for accountability.
Keywords/Search Tags:Suicide pact, Leading behavior, Victim's promise, Accountability for path
PDF Full Text Request
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