Research On Assisting Suicidal Behavior

Assisting suicidal behavior refers to physically or mentally assisting a person who has already made a suicide decision to help the suicide person complete suicide.At present,the practical and theoretical circles generally recognize that suicide is not illegal,but there has been controversy about the nature of assisting suicidal behavior.In judicial practice,assisting suicidal behavior are usually identified as intentional homicide,this treatment violates the principle of legality and should be abandoned,However,it is more appropriate to deal with it,but it has not been conclusive.In addition to the introduction and conclusion,this paper is divided into three parts to narrative,from the inside and the bottom,from the shallower to the deeper,the assisting suicidal behavior is deconstructed and analyzed.Finally,the conclusion of the assisting suicidal behavior should be decriminalized.The first chapter mainly defines the connotation and extension of suicide and assisting suicidal behavior.This chapter strictly defines the term of suicide,it believesthat suicide is based on the suicidal freedom of the suicide and determines of the behavior of self-terminating life and supports the legal view of suicide by various arguments.After scientifically clarifying the definition of suicide,the author further stricter definition of assisting suicidal behavior and summarize the four characteristics of assisting suicidal behaviors,namely: assisting suicidal behavior occurs after someone has suicidal intentions,connection between helpers and suicides,assisting suicidal behavior include not only physical help but also mental help and assisting suicidal behavior only be an auxiliary behavior and not an act of causing death.The second chapter mainly outlines the different theoretical theories and their basis for the nature of assisting suicidal behavior.It is mainly divided into guilty theory and innocent theory,among them,the guilty theory contains the theory of crime of intentional homicide,the theory of legislation and the theory of accomplice.Although some of the conclusions overlap,the analysis path is slightly different.The innocence theory includes the theory of implementation behavior non-existence,the theory of objective attribution,the theory of no social harm and the theory of extra-legal space.However,the judicial practice in our country usually directly sentenced to a lesser degree of intentional homicide for assisting suicidal behavior.While comparing the views of various scholars in China,the author also draws on the treatment of assisting suicidal behavior in some countries for reference(such as Japan).The third chapter mainly to negate the view that the guilty of assisting suicidal behavior and supplement the innocence of this article.This chapter denies thearguments for guilty of assisting suicidal behavior: First,the assisting suicidal behavior is not the act of intentional homicide,it does not have the murder intention on the criminal law,according to the objective imputation theory,there is no causal relationship between the assisting suicidal behavior and death results,so the assisting suicidal behavior does not constitute intentional homicide.Second,because the assisting suicidal behavior does not have criminal punishment,there is no need for separate legislation.Third,due to the legality of suicide,Therefore,according to the accomplice,the assisting suicidal behavior is also innocence,according to the independence of the accomplice,there is no need to punish for assisting suicidal behavior.Then from the five aspects for assisting suicidal behavior is an act committed by suicides,the suicide self-responsibility,the negation of criminal law paternalism,no criminal characteristics,compliance with the principle of legality and the modest concept of criminal law,conclusions that assisting suicidal behavior should be decriminalized.