Study On The Behavior Of Abetting And Assisting Suicide

In the theoretical circle,there is no unified view on abetting and assisting others to commit suicide.In judicial practice,because the law has no explicit provisions on abetting and assisting suicide,the judges have different opinions on this type of case.Based on this,this article will abet and assist others to commit suicide as a research object,and hope to provide useful help to the qualitative analysis of the problem.Abetting suicide,refers to the deliberately suborn because the offender,the man without suicidal ideation generated suicidal ideation.Assisting suicide means providing psychological or physical help for suicide on the premise that the person being helped has suicidal ideation.As for the act of abetting and assisting others to commit suicide,some countries stipulate it as a crime independently,while others do not deal with it as a crime.However,China’s criminal law does not make clear provisions for it.Most cases are convicted and punished as intentional homicide.In this regard,theoretical scholars have proposed three different treatment opinions:the act is not punishable and does not constitute a crime;the act establishes intentional homicide;it should be punished with independent charges.According to this,firstly,from the four aspects of social harm,crime and punishment,criminal law,moderation and causality,it analyzes the theoretical basis for abetting and assisting others to commit suicide.Second,the act does not accord with the basic constitutive elements of the crime of intentional homicide,nor does it establish the accomplice of the crime,the indirect principal crime and the intentional homicide of omission,and it cannot be applied to the crime of intentional homicide by analogy.Finally,the author demonstrates the view that independent charges should be established and punished.The act of abetting and assisting suicide does not have serious social harmfulness;Morally negative evaluation of the behavior,does not mean that the act should be subject to legal regulation;domestic and foreign legislation can not provide a theoretical basis for this behavior.