Research on Establishment and Punishment of the Crime of Instigating and Helping Suicide
|School||Central South University|
|Keywords||Abetting suicide , help suicide The punishment Intentional homicide Punish|
China's criminal law does not specify abetting help suicide , theoretically controversial abetting help suicide can be fined . Abetting, helped suicide reality infringe on other people's lives , has severely damaged the social order and a good social climate , abetting suicide subjective vicious social life in such cases also occur frequently , the Criminal Law should this kinds of acts included in the regulation of the Penal Code . Abetting, there are many differences in crime constitutes to help suicide and intentional homicide , abetting manslaughter deal to help suicide , in violation of the principle of legality and culpability punishment fit principle , penalties for crime prevention function is not conducive to play , learn legislative experience at home and abroad , China should set up a separate abetting a crime to help suicide . Abetting suicide and suicide should be set in the same offense , the charges should be arranged in the violation of civil rights chapter in intentional homicide . Abetting crime to help suicidal sin constitutes the unique aspects of their criminal object , causality , the behavior of the intensity , the subjective , the main aspects has its own characteristics . Abetting and help suicidal crime of punishment should be set the third gear different legal punishment , respectively, corresponding to a lesser circumstances of the crime , the basic circumstances of the crime , aggravating circumstances of the crime . Abetting, help minors suicide , for the purpose of self-interest or unfair abetting help with a particular legal relationship suicide punished severely.