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Innocence Theory Of Abetting Suicide Behavior

Posted on:2019-04-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q XiaoFull Text:PDF
GTID:2416330548478355Subject:Science of Law
Abstract/Summary:PDF Full Text Request
There are broad and narrow meanings in abetting suicide behavior,this article discusses the abetting suicide behavior,refers to the use peaceful methods,make the instigated person suicide was determined,and based on suicide is determined to implement the suicidal behavior.The academic community has been arguing over the question of whether it is guilty to teach others suicide.From ancient times to the present,the discussion of the suicide of guilt has produced different results with the changes of society and the development of the times.After the promotion of non-interference principle,many countries have no longer criminalized abetting suicide behavior.Due to the decriminalization of suicide,the question of whether abetting suicide behavior constitutes a crime is gradually clear.In foreign studies,some countries have established separate charges for this,such as Japan,Switzerland,and France.At the same time there are many countries that this behavior does not constitute a crime,such as Germany and Belgium.Because our criminal law does not specify this behavior,so it has always been controversial.The judiciary in China generally punishes or mitigates this behavior according to the crime of intentional homicide.Many scholars try to provide a basis for this practice in the judiciary,but no unified views have been formed.Because the criminal law sub-item does not specifically stipulate this,it can only be explained by general rules.Through the theory of accomplices,the suicide behavior of others is interpreted as intentional homicide.There are mainly the accomplice's subordination,indirect positive confession,autism duality,and single positive confession.However,the above paths are difficult to circumvent the suicidal behavior itself and it is not illegal to explain it.Therefore,some scholars have tried to explain from the path of non-communist crimes that the practice community will abet others to commit suicide in accordance with the crime of intentional homicide.There is mainly a theory of causality and substantial social harm.Because the suicide person's right to self-determination and self-responsibility,these two methods of interpretation are irrational.The scholars who believe that inciting others to commit suicide are mainly excused from three aspects:suicide is not illegal,self-reported,and social harm is low.This article is not guilty of abetting suicide behavior.This article defines in detail the concept of abetting suicide behavior.It excludes the act of instructing others to commit suicide but in fact it is the act of intentional killing,because the others who commit suicide must be those who have free will.Crime must be an act of infringement of law,and the act of inciting another person to commit suicide does not have the possibility of infringement of law.First of all,suicide is not a criminal act,nor is it illegal behavior,the person who is being taught does not lose free will,or acts in the field that he or she controls,and finally,the death of the person who was taught cannot be attributed to the teacher.
Keywords/Search Tags:suicide, abetting suicide behavior, Abettor, instigator punishable
PDF Full Text Request
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