Research On Qualitative Problem Of Criminal Law In Relation To Participate In Suicide

Participating in suicide is a point without clear stipulation in the present Chinese Criminal Law, but abstract stipulation as "intentional homicide". However, there is a doubt that whether participating in suicide is reasonable to be included in intentional homicide. The action taken by the Chinese juridical practice is punishing the doer who participates in suicide in the name of "intentional homicide", the precondition of punishment is the illegality of suicide. By considering the criminal policy, the law does nothing to the self-suicide due to that punishing the self-suicide is unnecessary and unreasonable. However, some scholars think that it breaks principle of legality if the law judges and punishes the doer participating in suicide in the name of intentional homicide. It has suspicion of application of analogy. Therefore, it causes some problems such as how to define the quality of suicide, participating in suicide and whether there is inculpation of suicide etc.The precondition before discussing the qualitative problem of criminal law about participating in suicide is the clear definition of the quality of suicide behavior. Firstly, this work strictly determines the forming standards of suicide from three aspects of objectivity, subjectivity and voluntary, based on the identification of suicide. Only the suicide is well defined can the theoretical divergence of suicide character be discussed on this basis. The author agrees with the view that suicide belongs to theory of extralegal space and suicide is a "Gray Field" which the law shows "no comment" to in addition to legality and violation. Furthermore, the author analyzes and discusses its legitimacy and advantages. Secondly, and this work describes the meaning and extension of participating in suicide respectively. The author takes the view that participating in suicide only includes two behaviors, namely they are abetting suicide and assisted suicide. This research differentiates the behaviors of participating in suicide, murder upon request and triggering suicide. Just as the argument above, this work makes negative proof of inculpation of participating in suicide based on the negation of theory of subordination of accomplices. Finally, the theory of extralegal space and identical standards of suicide are applied to the relatively behaviors of Suicide pact, deceptive suicide, coercive suicide and permissive suicide. These behaviors are also explained and analyzed to provide reference to judge "suicide" and "homicide" essentially in juridical practice.