Research On Qualitative Problems Of Helping Others To Commit Suicide

Helping others to commit suicide refers to the behavior of helping others to achieve suicide intention under the premise that others have decided to commit suicide.In the form of appearance,it can be spiritual encouragement or material help.The current law of our country doesn’t clearly stipulate how to regulate helping others commit suicide.In judicial practice,it is generally believed that the act of helping others to commit suicide should be punished as the crime of intentional homicide,but the act of helping others to commit suicide does not conform to the criminal constitution of intentional homicide and deviates from the principle of statutory punishment for a crime.The theoretical circle has also discussed this issue intensively,but no consensus has been reached so far.The lack of legislation and unified theory together lead to the dilemma of dealing with this kind of problem in practice.By comparing the similar suicide behavior with assisted suicide,we find that there are essential differences between the three behaviors.Comparative study of the criminal law academic views and theories on the qualitative behavior of helping others to commit suicide,to help others to commit suicide can be analyzed.There is an essential difference between the act of assisting suicide and the act of committing the crime of intentional homicide.From the perspective of the propriety of constituent elements,the act of assisting others to commit suicide does not conform to the criminal constitution of intentional homicide.In view of its serious social harm,it is necessary to criminalize and regulate it separately.Reference foreign relevant legislation,combined with the actual situation of Our country to establish the crime of helping others to commit suicide,can deal with such problems in practice to provide a legal basis,fundamentally solve the current practice dilemma.