Criminal Law Regulation On Abetting And Assisting Suicidal Behavior

With the rapid development of society,people's pressure is increasing and suicide is becoming more and more common.According to the survey,participation in other people's suicide(known as "suicide related behavior")is one of the factors contributing to the increase of suicide rate.Among them,abetting and helping others commit suicide is the most universal and typical.However,China's Criminal Law does not clearly stipulate this act,which leads to some cases in practice to be punished with reference to the crime of intentional homicide,others with innocence,and there is no uniform standard,resulting in judicial confusion.In order to deal with abetting and assisting suicide more reasonably in practice,this paper argues that it is necessary to find a way out for the criminal law regulation of abetting and assisting suicide.The author believes that the practice of deliberate homicide in practice lacks theoretical basis,so it is necessary to convict this act separately and add the crime of abetting and assisting suicide.This paper is divided into three chapters,the specific contents are as follows:Chapter one is an overview of abetting and assisting suicide.In this chapter,the author clarifies the meaning of suicide and the nature of suicide,which is extrajudicial space.This paper defines the act of abetting and assisting suicide,introduces its connotation,and distinguishes it from other suicide-related acts.This paper expounds the legislative status and judicial determination of the act.There are no relevant provisions on the act in the current criminal law.In judicial practice,it is recognized as the crime of intentional homicide,while applying a lower legal penalty.In the second chapter,the author proposes that the crime of abetting and assisting suicide should be established separately in the Criminal Law.Firstly,it refutes the practice of instigating and assisting suicide to be convicted of intentional homicide in practice.The author believes that there is no theoretical basis for identifying instigating and assisting suicide as intentional homicide.This is mainly from three aspects of the theoretical circles advocated denial of the path of conviction,that is,suicide does not constitute the perpetrator of intentional homicide,instigator,helper does not constitute the principal offender of intentional homicide,instigator,helper does not constitute an accomplice of intentional homicide three aspects.Secondly,abetting and assisting suicide should be punished and punishable,which is the prerequisite for its individual conviction.In addition,it elaborates the basis of punishment advocated by scholars in the criminal law circle.After drawing on the views of scholars,the author also puts forward his own views,because the act alone causes harm to society,so it should be punished.Secondly,it is feasible to establish a new charge for abetting and assisting suicide.Many countries have convicted the act separately,and the path of conviction has achieved excellent results abroad,which to some extent reflects the nature of the act.However,the act does not meet the constitutive requirements of any crime,so it is necessary to establish a separate new charge.Finally,four advantages of individual conviction are analyzed to further affirm the rationality of individual conviction.The third chapter is the legislative design of the crime of abetting and assisting suicide.In this chapter,the author discusses the establishment of charges and penalties for this crime.