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A Study On Conviction Of Suicide Participation Behavior

Posted on:2019-10-29Degree:MasterType:Thesis
Country:ChinaCandidate:T Y RenFull Text:PDF
GTID:2416330548975292Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Suicide participation behavior includes abetting the suicide of others and helping others to commit suicide,and there is a great difference between suicide participation behavior and intentional homicide.The infringement of the right to self-determination is a violation of the law and interests.However,due to the special nature of the suicide,it is always necessary to combine the concept of self-determination to discuss its related problems.The self-determined suicide agent voluntarily chooses to die,and the criteria for its judgment should be.The suicide that the actor chooses according to his own decision reflects his true will and value pursuit,and the result of death is not an infringement on him.So there is no need to be penalized for suicide participation behavior.Cannot reflect the offender decide suicidal behavior,accord with the components of the murder,is a violation of life illegal behavior of interests,but due to the responsibility to stop for this behavior also have no to sex.But if against its true intention by solicitation behavior makes the victim's suicide was determined,or help the victim against the will of real suicide,means to participate in the behavior to promote the victim of the suicide,embodies the violation of the law of life,this act shall be fined.Since there is no "Crime of suicide participation behavior" in China's criminal law,from the perspective of joint crime,the participants should constitute the instigation or help of intentional homicide.Based on the theory of Mixed breeds,the actor has infringed on the law and interests as a punishment basis for committing suicide which cannot reflect the self-determination.And its illegality should be based on the suicide behavior itself and the participation behavior.
Keywords/Search Tags:Suicide, Participation in suicide, Independent decision, Illegality
PDF Full Text Request
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