Research On The Separate Conviction Of Aiding And Abetting Suicide

Behaviors have gradually surfaced,suicide behaviors of great harm,there are no clear rules in our existing legislation.By studying the criminal laws of other countries outside the region on "suicide participation",we find that they have deterred the arrogance of criminals by making criminal laws on such acts.These have had an excellent impact on preventing crimes related to suicide participation.This paper discusses the definition of aiding and abetting suicide,the necessity and feasibility of separate conviction of aiding and abetting suicide,the legislative experience of extraterritorial and the design of aiding and abetting suicide.Part 1:Due to the increasing number of suicide cases in China,firstly,the definitions of "assisted suicide" and "abetting suicide",suicidal behavior and aiding and abetting suicide behavior is defined.Secondly,this paper introduces the general theory of helping and suicide in China,the negative theory,the positive theory and the extra-legal space theory,and expounds the author’s attitude.Finally,the judicial status of aiding and abetting suicide in China is introduced through the case.Part 2:Analyzes the domestic theoretical basis and practical basis,and then explains the necessity of the separate conviction of aiding and abetting suicide.By presenting the academic reserve of the theoretical circle and the practical practice and needs of the practical circle,it is proved that it is feasible to convict the act of aiding and abetting suicide separately.Part 3:Absorb and draw conclusions from the outstanding legislative achievements in Hong Kong,Macao and Taiwan.Firstly,it enumerates the legislative experience of the civil law system represented by Japan,and analyzes the theoretical views of the Japanese academic circle on the crime of suicide association.Secondly,it lists the legislative achievements represented by the United Kingdom and the United States.Finally,it lists the regulations on aiding and abetting the crime of suicide in Hong Kong,Macao and Taiwan.Part 4: Aiding and abetting suicide conviction alone provides specific legislative proposals,set up the crime of helping,abetting suicide,and the reasonable design constitute crime,crimes of "help,instigated person over the age of around ten years,and have free will commit suicide”.In terms of punishment configuration and mitigation to prison,sentencing range is set be a fixed-term imprisonment of not less than three years but not more than seven years,at the same time,set up such as "groups" and "multiple" aggravating circumstances.Part 5:Analyzes several issues that should be paid attention to after the separate conviction of aiding and abetting suicide,such as;the qualitative analysis of suicide by appointment to determine the nature of the ACTS of organizing or using cults to incite others to commit suicide,to determine the nature of abetting others to commit suicide by means of deception and coercion,and to analyze the criteria of accomplice and attempt of aiding and abetting suicide.