Decriminalization Of Helping Suicidal Behavior

Helping suicidal behavior is a kind of help behavior that gives physical or mental encouragement to a person with complete criminal responsibility who has suicidal intentions and commits suicide.There is always controversy about the legal characterization of suicide behavior in criminal law theory and judicial practice,and there is no unified answer.In judicial practice,most of them are convicted and sentenced for intentional homicide;some scholars advocate that there is a certain illegality in helping others to commit suicide,but they cannot be dealt with according to intentional homicide and should be convicted separately;others advocate suspicion of helping suicide.And this article also supports this view.The main body of this paper is divided into three parts,from the theoretical support of decriminalization of behavior to the rebuttal of guilty sayings,and the detailed demonstration of helping suicide is carried out.The first chapter defines the concepts related to helping suicide.First,only the suicide person realizes and voluntarily pursues his own behavior,which leads to the death result.The behavior that leads to his death can be regarded as suicidal behavior.The motivation error that has nothing to do with the legal benefit does not affect the establishment of suicidal behavior.On the basis of the above,the definition and characteristics of suicidal behaviors are further defined.From the perspective of both the helper and the helper,the helper level requires the complete criminal responsibility person with suicidal intention and suicidal behavior to help the suicide person.At the same time,it must also meet the subjective and objective requirements.Subjectively,it must be able to recognize that the suicidal intentions and behaviorswill help the suicide outcomes,and objectively implement the help behaviors that contribute to the suicide outcomes.Help behavior can not exceed a certain limit to play a decisive role in suicide outcomes.The second chapter mainly discusses the theoretical support to help the suicide of suicidal behavior.First of all,criminal law liberalism is based on Rousseau's "social contract theory" and "separation of powers" and Feuerbach's "psychological coercion".It is believed that when formulating criminal law,it must conform to the spirit of liberalism and minimize the restrictions on citizens.Freedom,criminal punishment can only be used when citizens are in a state of non-slavery,and there is no other remedy.Criminal assistance is not an act of infringement of the freedom of others and should not be regulated by criminal law.Secondly,in the case of helping others to commit suicide,the result of the suicide's death should be explained by the victim's self-responsibility theory.The suicide is a person with full criminal responsibility who can identify and control his or her ability to be able to recognize his or her behavior.It will cause danger to death and have full control over the suicide process;suicides are suicidal acts based on free will,and their actions strengthen the danger.And helping suicidal behavior is not a source of obligation as a former act as a helper,because it increases the danger,but it does not make the danger urgent,and the helper has no control over the danger to the actual occurrence.Finally,the conviction and punishment for helping suicide is not in line with the basic connotation of the principle of criminal law.The criminal law does not regulate the suicidal behavior.It is difficult to use the criminal law to punish the criminal law as the predictability of the behavioral norms.Achieve justice.The third chapter denies the guilty of helping suicide,mainly the rebuttal of the crime of intentional homicide,the accomplice and the sin of independence.First of all,the direct committing crimes that help suicide do not constitute intentional homicide are not in conformity with the constitutional elements of the crime of intentional homicide.The suicide behavior does not infringe the life law benefits of criminal law protection.The objective behavior is different from the intentional murder.The helper is subjective.There is no intention to kill.At the same time,the suicide should be aperson with full criminal capacity,and the possibility of assisting the suicide to be indirectly committed for intentional homicide is also excluded.Secondly,the suicide behavior does not apply to the theory of accomplice,and the theoretical basis for supporting the accomplice is suicide.The responsibility is not the same as the pure one.The first reason for not committing suicide is that the suicidal behavior does not meet the constitutive elements of intentional homicide,not Responsibility is blocked,and suicide prevents responsibility from being flawed.Secondly,it is also purely provoked to say that it is also because the neglect of the accomplice can only affect the outcome of the crime through the practice of the guilty,and it is not advisable to improperly expand the scope of the accomplice.A compromise should be adopted to deny the practice of helping suicide as an accomplice of intentional homicide.Finally,China's criminal law should not increase the punishment for helping others commit suicide crimes.The main reason is that helping suicide is not illegal.The practice of determining that suicidal behavior is illegal based on the normative violations ignores the logical loopholes in the normative violation itself.According to the law of infringement,the act of assisting suicide is not illegal because it does not infringe on the various methods of protection protected by the criminal law.