Research On The Incrimination Of Abetting Suicide

Based on the particularity of suicidal behavior,many scholars in China’s criminal theoretical circles hold completely different opinions on the questions of"Should abetting suicide be guilty?" and "How should be guilty?".In China’s judicial practice,there are many differences in the application of the law on abetting suicide.The "Blue Whale Game" derived from the background of the Internet era also poses new challenges to the application of the law on abetting suicide in China.However,there are only a few provisions in China’s current laws that regulate abetting suicide under special circumstances.On the one hand,due to the frequent occurrence of cases in reality,there is an urgent need for legal regulation of abetting suicide.On the other hand,the absence of legislation makes it difficult for the judiciary to reasonably apply the law.How to alleviate the relationship between the above two is an urgent problem to be solved.By analyzing the concept of abetting suicide,the scope of abetting suicide is first confirmed,and those behaviors that appear to abet suicide are actually intentional homicides.The theory of our country on the punishability of instigating suicidal behavior can be divided into two kinds of opinions:the theory of abetting suicide can be punished and the theory of abetting suicide is not punishable.To this end,from the perspective of criminal law functions,the social harmfulness of abetting suicide,and the protection of civil rights,etc,the viewpoint of punishment of abetting suicide is justified.At the same time,referring to the relevant foreign legislation,it is found that most countries hold an attitude of punishment for abetting suicide,and it has completed the transition from "non-punishment of abetting suicide" to "punishment of abetting suicide" in Russia.Therefore,the core point of view that "abetment suicide should be criminalized" to be advanced by drawing on foreign laws.According to the regular analysis of the existing laws on abetment suicide in China,it is not possible to completely regulate abetment suicide under the framework of China’s current legal system,and there is a lack of legislation on abetment suicide.After analyzing the current judicial situation in China in combination with relevant judicial precedents,it is found that there are problems in the application of the law about abetting suicide,such as vague criminalization path and inaccurate accusation.In response to the above-mentioned two major issues of "the absence of legal provisions on abetting suicide" and "unknown criminalization path of incitement to commit suicide",the two paths of "criminalization according to the theory of accomplice"and "independence guilt" are analyzed,and indicates that abetment suicide should be independently criminalized,and the corresponding crimes should be constructed in order to improve the application of law on abetment suicide in China’s Criminal Law.