Study On The Punishability Of Suicide Participation Behavior

In today’s society,news of suicide abounds.The reason is that in addition to the condition of the suicide about themselves,there are also some external factors that instigate or help the suicide in the final suicide behavior,which is called suicide participation behavior.Participants’ subjective malignancy is high,which is harmful to society and the lives of others.my country’s current criminal law currently does not include “suicide” in the legal system,and the accompanying suicide participation behavior does not specify it clearly.In the current judicial practice of our country,suicide participation is usually compared with the conviction and sentencing of intentional homicide.This practice does not reflect the rigor of the law and the principle of accommodating crimes,responsibilities and punishments.A separate abetting and aiding suicide crime should be established.This article is divided into five chapters.The initial section is the introduction,introducing the sense of the investigate condition and the current investigate situation at domestic and oversea.The next chapter is case analysis.Through the introduction and analysis of two representative cases,the difficult can be discovered by us in the field of judicial of our area.The third chapter is about the basic issues of suicide participation.It first defines the specific definitions of instigating suicide,assisting suicide,and meeting suicide,and then distinguishing with other related behaviors such as deceitful killing,coercive killing,and consenting to kill.The followed chapter combs the views of circles on the punishing existence of suicide participation.The “negative theory” is based on three theories,that suicide participation is not punishable,and the "positive theory" supports that suicide participation should be included in the criminal law.The third and fourth chapters aim to draw conclusions that can be punished after sorting out and analyzing the focal points of disputes.Chapter 5 will discuss how to resolve this vacancy.On the basis of determining the necessity of conviction,it analyzes the pros and cons of the two types of conviction modes,and explores the punishment principles of the three types of suicide participation.Finally,The aim of the idea is setting up crimes,charges,and certainly punishments.