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Qualitative Research On Abetting And Aiding Suicide Behavior

Posted on:2021-03-17Degree:MasterType:Thesis
Country:ChinaCandidate:D D HuFull Text:PDF
GTID:2506306221495224Subject:legal
Abstract/Summary:PDF Full Text Request
At present,China’s criminal code does not provide for instigating and helping others to commit suicide.In judicial practice,such acts are usually convicted and punished with intentional homicide.But are instigating helping suicide and homicide in intentional homicide the same? Whether it can be directly identified as intentional homicide is highly controversial.In many countries and regions,a separate crime is regulated to regulate this act.In contrast,the provisions of intentional homicide in China’s criminal law appear to be a little thin.At the same time,there are some new types of suicide-related crimes in the current society,such as the PUA(Pick-up Artist)organization that has emerged in society in recent years.Criminals use a series of human packaging and speech interpretations to brainwash women and gradually deceive them.Fortune-telling,even for the purpose of emotional manipulation,encourage and instigate women to commit suicide in order to show their value.There is also a "blue whale game" that has attracted global attention,which induces participants to commit suicide by "doing tasks." According to statistics,more than 130 young people worldwide have committed suicide.These new types of illegal and criminal activities have had a bad social impact,but there are different voices on how to define and punish the behavior of criminals who instigate and help others commit suicide.Therefore,it is worthy of in-depth research on how to positively abet instigation and help suicide.This article consists of four chapters.The first chapter summarizes the current research results of domestic and foreign experts and scholars on teaching and helping others to commit suicide.The second chapter starts with the concept of suicide and related behaviors and clarifies the suicide behavior.Discrimination and analysis of the conditions for instituting and assisting suicide,and other related suicide behaviors such as similar suicide behavior,persecution suicide behavior and deception suicide behavior,in order to make a clear distinction between these behaviors.The third chapter uses the Chinese and foreign comparative research methods to compare and analyze the different theories of domestic and foreign experts and scholars on teaching and helping suicide,and put forward the opinions of this article.On the legal nature of suicide,there are three viewpoints of legal behavior,laissez-faire behavior,and illegality.After analyzing and comparing these three perspectives,suicide is definitely illegal,but no criminal punishment is imposed.On the issue of punishment for aiding suicide,there are two perspectives,affirmative and negative,but both are inadequate.On the basis of comparative analysis,it is agreed that it is punishable,but the theoretical basis also comes from its serious social harm.There are also three different perspectives on the conviction and punishment of instigating and assisting suicide,which are directly identified as intentional homicide,analogy of conviction,and amendment of the criminal law.After evaluating the above points,support the view of independent conviction.The fourth chapter is the justification of instigating and assisting the independent conviction of suicide.By analyzing the reasons for the inability to properly deal with instigating and assisting in suicide in China’s judicial practice,it discusses the necessity of instigating and assisting in the independent conviction of suicide.It is hoped that it will play a role in attracting research from scholars in the future.
Keywords/Search Tags:Suicide, Abetting Suicide, Aiding Suicide, Intentional Homicide, Punishable
PDF Full Text Request
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