The Criminal Jurisprudence Evaluation Of Abetted Suicide

The right to life is an important part of the personal legal interests.As for the suicide behavior,it has the infringement of legal interests,only because the penalty can't effectively deter the completed suicide or can't expect the attempted suicide to continue to live against their will,so as to exempt them from criminal responsibility.As for the evaluation of the suicide,it is because the criminal law is difficult or should not force the suicide actor into the criminal law adjustment system,the suicide behavior reflects the self-punishment of the actor and the abandonment of the contract.Therefore,the author puts the suicide actor himself outside the evaluation of the constitution of criminal law.However,suicide cases in practice are often very complicated,especially when the abetted suicide behavior discussed in this paper appears,it needs to be further explored.Because of the blank legislation,the judicial judgment of this kind of case is different in reality.On the basis of proving that the fundamental benefit of the violation of the contract suicide is the individual's right to life,this paper studies some controversial problems such as the criminal law evaluation of the abetter in the contract suicide under different circumstances.This paper is divided into three chapters,with the case as the entry point,discusses the problem of criminal law evaluation of abetter in abetted suicide:First by analyzing the type of solicitation suicide pact meet the plight of the judicial practice,found in the judicial dilemma from behind for abetting type that exist in the real suicide behavior of the guidance of the lack of a clear legal norms,in the process of the exercise of discretion of judges,due to the inconsistent recognition,unavoidably cause for abetting suicide behavior person type generalization liability or responsibility evaluation by light of the status quo.By discussing how suicide behaviors should be characterized,we can analyze suicide related behaviors more reasonably.By defining the behavior of abetted suicide and the behavior of abetted suicide,we can have a more three-dimensional understanding of the nature of abetted suicide.Instigator also violate the criminal law to protect the legal interests,but I did not like suicide with the "remove" reason,so we can not like the former in the evaluation system of criminal law,this thesis reflect upon abetting of suicide is still in the evaluation system of criminal law the instigator for violation of criminal law to protect the legal interests of breaking the law.Then,we need to determine what kind of behaviors can constitute abet suicide from the perspective of the constitutive elements,so as to eliminate the confusion and inconsistency of the identification of the actor's behavior in judicial practice.After analyzing what kind of behavior constitutes abetted suicide behavior,this paper will use the accomplice theory to make a clear division of abetted suicide behavior,and when to establish the indirect principal criminal,the joint principal criminal and the simple abettor problem analysis is an indispensable part of the subsequent charge setting.In the end,this paper argues that the crime of instigation and solicitation should be determined independently when the act of instigation and solicitation is a simple instigator.If the case of indirect principal offender is found in abet suicide,the crime of intentional homicide should be dealt with directly.At the same time the final analysis in the distribution of responsibility and statutory punishment should be taken into account in the establishment of a variety of circumstances.