Discussion About The Punishability Of Helping Suicide

As for the occasional suicide-helping acts in judicial practice,although many countries have incorporated them into the scope of the criminal law,but our country has not yet formulated a specific criminal law articles to apply.But in fact,some of the more serious acts of assisting suicide are punishable,which is not controversial in judicial practice.In China’s practice,helping suicide with minor circumstances,such as spiritual encouragement and refueling for suicides,is generally not treated as a crime;however,for helping suicide with worse circumstances,such as providing criminal tools for suicides and teaching suicide methods,the perpetrators of intentional homicide are usually punished as the perpetrators of intentional homicide.However,this view is often criticized by the theoretical circles.Many scholars say that this method of law application needs to be discussed.Helping suicide does not conform to the type of execution in intentional homicide,and it is not appropriate to convict and punish the execution of intentional homicide.In modern society,non-punishment of suicide has become the common position of criminal law theory in all countries.However,there has been a long-standing dispute between guilty and innocent factions about whether assisting suicide is punishable.Within the theory of guilt,in order to change the practice of applying criminal law by analogy in China’s current judicial practice,there are also different theoretical arguments.Since the relationship between helping suicide and suicide is inseparable,if we want to analyze whether helping suicide is punishable,we should naturally analyze the internal structure of suicide.The author holds that suicide conforms to the constitutive requirements of the crime of intentional homicide in Article 232 of the Criminal Law,but it is not punishable because it does not have a punishable illegality.On the other hand,the author holds that individuals have no right to dispose of their own lives at will,and that the assisted suicide of others is still a violation of the right to life of others,so helping suicide is not worth punishing.Acts are punishable.In order to cope with the contradiction that the principal Act of suicide does not constitute unlawfulness and the assistant act constitutes unlawfulness,the author quotes the concept of minimum subordination theory,which holds that the establishment of narrow accomplice only requires the principal to meet the constitutive requirements,and does not require both illegality and accountability.When applied to the problem of helping suicide,that is,punishing the assistant offender does not take punishing the principal offender as the premise.In addition to its theoretical contradictions,assisted suicide also presents its own characteristics in the field of judicial practice.Sometimes it is difficult to distinguish the boundary between assisted suicide and indirect principal offender of intentional homicide,so many problems arise.Therefore,based on the analysis of suicide and assisted suicide,the author summarizes the general idea of punishing assisted suicide from the standpoint of this article,and lists the confusion in judicial practice,in order to provide some methods for dealing with this kind of problem in the field of judicial practice in our country.