The Analysis Of Network Suicide Pact Based On Sociology Of Law

With the rapid development of network technology,microblogging and QQ,as the representative of the newly-developing social networking platform,spread rapidly.While bringing unlimited convenience for people's lives,they become a new kind of medium and platform for suicide pact at the same time.Network suicide pact implicates numerous subjects and has complicated conditions.However,the existing laws and regulations of our country are not enough to solve the legal problems involved,which leads to the wide spread of network suicide pact phenomenon.In order to effectively regulate the corresponding virtual space of the network and protect the citizens' right to life at the maximum level,this article discusses the sociological causes of network suicide pact and the controversial legal issues involved and make suggestions for this phenomenon.Apart from introduction and conclusion,this article contains four parts:The first part is the type analysis of the network suicide pact.Firstly,this part provides a simple definition of suicide,suicide pact and network suicide pact,highlighting the baneful influence brought by these phenomena.Secondly,this part divides the network suicide pact cases in recent years into two typical modes which are abetting mode and simple pact mode.Thus,it can pave the way for the following analysis of the legal liability of different subjects in these legal issues.The second part is the sociological reason analysis of the network suicide pact.This part mainly presents two reasons leading to the widely spread of this phenomenon which are the formation of suicidal tendency and the external reinforcement of the network.The formation of suicidal tendency mostly derives from the interaction of multiple external stresses and the imbalance of individual psychological adjustment.And the external reinforcement of the network is mainly reflected in three aspects.First,it contributes to the widely spread of pessimistic and negative emotions.Second,it helps the people with suicidal tendency to overcome their inner fear.Third,it is conductive to the frequent communication among people with suicidal tendency about suicidal methods.The third part is the analysis of legal issues in network suicide pact,which aims at giving a possible legal response to this phenomenon.This part begins with typical network suicide pact cases happened in recent years,and mainly talks about three essential and controversial problems involved in this phenomenon.First,this part discusses the legal liability of abetting suicide and emphasizes the necessity of regulate the actor by criminal law penalties.Second,the legal liability of the survival actor in the suicide of simple pact mode should be judged by the negative crime theory.To be more specific,it depends on whether the actor has the obligation,whether it is possible for the actor to fulfill the obligation and whether the actor has fully fulfilled the obligation.Third,it is the discussion of whether the network service provider should be responsible for supervising the baneful information.And this part involves the suggestion of setting the necessary examination duty and respecting privacy obligation for the network service provider,which should adapt to their management ability.The fourth part is the author's proposal to solve the problem under the network condition.The content of the proposal refers to both social and legal countermeasures,including general preventive measures,targeted preventive measures and legal regulatory measures.First,the general preventive measures focus on developing network anti-suicide education and various community activities,guiding the network news media to be responsible for their suicide reporting and increasing the anti-setback education.Second,the targeted preventive measures are mainly about developing online psychological counseling,improving the search ranking of positive information and increasing network suicide intervention.Third,the legal regulatory measures call for adding the abetting suicide as a new accusation to our criminal law,improving the network-related legislation and strengthening the popularization of law.