Study On The Behavior Of Instigating And Helping Others Suicide And Self-inflicted

According to the rules of criminal law in our country, the behavior of instigating or helping suicide and self-inflicted don't belong to crime. However, this behavior with its own harmfulness to the society and particularity on behavior manner make it become an valuable question for researching in the field of criminal law. This paper would discuss and analyze the behavior according to particularity of suicide and self-inflicted behavior and the rules of criminal law in our country.In the first chapter, it starts with suicide and self-inflicted behavior and its character, separately expatiate the particularity of each; and separately discuss the behavior of instigating suicide and self-inflicted and the behavior of helping suicide and self-inflicted as followed. In the second chapter, it takes the theory of joint crime as the cut-in point, integrating the rules of our criminal law, to discuss whether the joint crime theory apply to the behavior of suicide and self-inflicted, and also introduce the theory of indirect principal to explain the problem instigating the ones of incapability and limited civil capability to suicide and self-inflicted. In the third chapter, for the part of instigating suicide and self-inflicted, it expatiates in aspects of the character, instigations in subject aspect and instigated objects, and according to the differences of instigations in subject aspect, sorting the instigating behavior as persuasion, compulsion and cheat, and link the instigating suicide and self-inflicted behavior of evil sect to analyze the relationship between the three hundredth rule of criminal law and the related judicial interpretation. In the fourth chapter, according to the particularity of helping suicide and self-inflicted behavior, it is divided into two sorts—providing spiritual help or material help, and has a discussion separately as followed. In the fifth chapter, according to the conclusion above, analyze two idiographic instigating or helping suicide and self-inflicted behavior—self-suicide that have promised and instigation of suicide on net , and make sure if it forms a crime. Finally, put forward some legislative suggestions to related rules for our country.