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On The Decriminalization Of Helping Suicide

Posted on:2018-09-06Degree:MasterType:Thesis
Country:ChinaCandidate:W W HuFull Text:PDF
GTID:2356330515479544Subject:Law
Abstract/Summary:PDF Full Text Request
Helping someone commit suicide means to help a person,who already clearly made up his mind about committing suicide,to achieve his goal by providing a murder weapon,the ways of killing oneself and other conditions in which one can assist a self-murderer.Even though someone's help will push a self-murderer forward,might lead to invigorating effect,still helping someone commit suicide has its particular limits.To help a person commit suicide has certain connection with acts such as inciting to committing suicide,persuading or forcing someone to commit suicide,however,there are also some obvious differences,so these concepts cannot be confused with each other.In order to understand the nature of this offense it is necessary to accurately formulate its definition and correlated characters.So how does the criminal law see the act of helping someone commit suicide? In theory of criminal law there is no unified point of view on this matter,some people believe that it should be qualified as an act of deliberate murder and should be sentenced accordingly.That is a very common point of view nowadays.Some people,on the other hand,suppose that helping someone to commit suicide cannot be considered exceptionally aggravated criminal offence,but should have its own clause and penalty,just like instigation.There are also those who believe that it cannot be defined as crime at all.In theory,even though there are many disputes over this topic,in China this is still considered to be exceptionally aggravated criminal offence.Eventually,what is the nature of this act? In some foreign countries,there are clear regulations about instigation and helping others to commit suicide,that is why these cases can be solved according to the right clause.,but in some countries,those who help others to commit suicide get acquitted.Before looking further into the nature of this offence,let us analyze the act of committing suicide.Obviously,it cannot be considered as a crime,so the criminal law has no way of regulating it.Taking into account that suicide itself is not judicable,the whole concept of helping someone to commit suicide and its particular characteristics,the idea of this action being a crime is deniable,just like the intentional homicide cannot be sentenced with independent penalty.Finally,taking into consideration that helping someone to commit suicide has no real threat to society and self-killer is the one responsible for the action,requirements of decriminalization in accordance with the principle of legality and the principles of criminal law and appliance of four aspects study,helped to draw the conclusion of decriminalization of this problem.
Keywords/Search Tags:Help Suicide, Intentional Homicide, Independent Conviction
PDF Full Text Request
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