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The Nature Of One's Regretting Cause Another's Death In A Suicide Pact

Posted on:2017-03-24Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q DanFull Text:PDF
GTID:2346330485997922Subject:Criminal law practice
Abstract/Summary:PDF Full Text Request
Can life for emergency actions against others, for in that danger can for emergency actions, etc. It is a hotly debated topic in criminal law field, is also a headache for the judges in the judicial practice problems. But real life is often the occurrence of such cases. Due to China's five thousand- year- long history and profound cultural background, rich ethical standards and legal conflicts frequently. Despite the judicial practice, the court is denied that the establishment of several emergency actions, but that does not conform to the nature of the emergency actions and conditions. And, in our criminal law also has not negative regulation on this.In this article, through analysis of li and Gao's Suicide pact as the real case,to discuss of related problems,and puts forward suggestions of perfecting our country's relevant legal provisions.Other than the introduction, this article consists of four parts:The first part: the basic situation of the case. Firstly introduces li and Gao Suicide case causes and facts; Then, the paper introduces the several opinions, for this case, some people think that constitute intentional homicide, some people think that constitute the crime of causing death, and in favor of the emergency actions; Finally, out of the case of disputes by organizing a contentious issue.The second part: the legal analysis of the related problems. This is basic theory part of this article, is also a key part of this article. Will be divided into four parts to write, first of all, this paper introduces the types of suicide, and processing; Second, the analysis is not as a crime of obligation source and ability; Again, analysis of emergency actions formation, main contents are the nature of the emergency actions, life for others can be set up emergency actions, for emergency actions for the risk can be; Finally, the analysis of the death and intentional killing crime in the criminal negligence crime constitute the characteristics of the two disputed charges.The third part: the analysis and conclusion of the case. According to above analysis it is concluded that the case is the death of one death other types of suicide. li capable assistance Gao obligations but no assistance ability. This case should be qualitative for emergency actions.The fourth part: the enlightenment to the case.
Keywords/Search Tags:suicide pact, necessity, right to life, self-induced danger
PDF Full Text Request
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