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A Study On The Crime Of Suicide

Posted on:2016-01-13Degree:MasterType:Thesis
Country:ChinaCandidate:T JiangFull Text:PDF
GTID:2206330461484769Subject:Criminal law
Abstract/Summary:PDF Full Text Request
Assisted suicide refers to the act of helping those by mentally or physically,who has produced intent to suicide,and thus contributing to their successful completion of suicidal behavior.Spiritual helping suicide behavior includes teaching suicide methods,physical helping suicide behavior includes providing tools to suicide,as long as the objective of the helping can help,promote,or strengthen the role of suicide,these helping behavior should belong to assisted suicide but there are certain limit in the extent of behaviors help.Assisted suicide and abetting suicide,suicide pacts,stress suicide,deception suicide,although there is a certain link between them,but the difference is very obvious,and can not be confused.For assisted suicide of identification should accurately grasp the defined and characteristics of requirements.And about how the criminal law on assisted suicide accurate characterization, in criminal law,and there is no unified point of view,some advocates to be convicted and punished in accordance with intentional homicide,this view is through criminal law scholars say;some believe help suicide does not constitute intentional homicide,according to oppose intentional homicide conviction and sentencing,and advocates building abetting the crime of assisted suicide to deal with in the criminal law;there is a view that assisted suicide is not a crime and should be decriminalized treatment.Although theoretically there is such controversy,in the criminal justice practice they are all in accordance with the assisted suicide are convicted of manslaughter sentencing.So,how should qualitative assisted suicide,criminal law in some countries abroad clearly defined abetting the crime of assisted suicide,in order to help in the face of the problem of suicide in accordance with the requirements of the principle of legality,directly under the provisions of the criminal law to its accuracy qualitative reasonable response,butsome countries will be decriminalized its treatment.In exploring whether assisted suicide constitutes criminal law should first be the appropriate analysis of the problem of suicide before the crime,specifically suicide should belong in the modern exercise self-determination,which does not constitute a crime,the criminal law can not adjust them,norms,and to deal with this kind of self-determination right to be respected and protected.In the clear nature of criminal law after suicide as a basis,the first view of assisted suicide constituted intentional homicide in-depth analysis,assisted suicide does not meet the constituent elements of intentional homicide and assisted suicide in the subjective and objective does not conform elements of the crime of intentional homicide,and it does not constitute intentional homicide of indirect principal, not as intentional homicide,which is to be addressed is not correct according to intentional homicide,this view should be denied;secondly to build abetting,assisted suicide sin to regulate assisted suicide view taken on the status and punishment according accomplice accomplice accomplice reasonable cause and restrictions from the property,said that the combined a victim of self-responsibility theory was to be analyzed and found to build abetting,assisted suicide view sin is not reasonable and should be denied;and finally from assisted suicide does not have the characteristics of criminal acts,which decriminalized in line with the principle of legality and compliance with the criminal law of the inherent requirements of the three angles depth,draw assisted suicide decriminalize conclusions.Therefore,in the criminal law should form a unified theory of the decriminalization of assisted suicide view,in the criminal justice should abandon the practice in the past to deal with it in accordance with the practice of intentional homicide,which is dealt with in accordance with the decriminalization response.
Keywords/Search Tags:assisted suicide, suicide, intentional murder, abetting, assisted suicide crime
PDF Full Text Request
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