Study On The Penalty Of Abetting And Helping Suicide Behavior

Abetting suicide refers to the act of intentionally inducing another person's suicidal intention,and then the abetted man carry on the intention to kill himself;helping suicide is the act of providing help for the suicide of another person in the event that he or she has committed suicide intent.The person who has instigated and helped suicide should be those who have full freedom of will and can understand the meaning of death.The use of someone who do not understand the meaning of death,such as mental patients or minors,does not belong to abetting or helping suicide,in this situation should be dealt with in accordance with the indirect positive crime of intentional homicide.The difference between abetting and helping suicidal behavior and others suicidal related behaviors should also be grasped the above connotations of abetting and helping suicide.Whether abetting or helping suicide can be punished,there are two views,including theoretically affirming and negating view,and standing on the basis of the negation of self-decision,is the destroy of all rights,including the right of self-determination,which deviates from the purpose of protecting citizens ' legal benefits from criminal law,and also runs counter to the traditional moral emotion of our country.The negation of standing in the position of extrajudicial space is contrary to the monism standard of illegal judgment,and it is not appropriate.Suicide is inherently illegal,according to which the penalty of abetting and helping suicide is affirmed,which conforms to the essential requirement of suicide.In addition,based on the patriarchal position of criminal law,due to the need for adequate protection of the right to life,the penalties for abetting and helping suicide should also be affirmed.On the premise of affirming the punishment of abetting and helping suicide,as for how to punish abetting and helping suicidal behavior,there are two schemes in theory,such as combination mode and split mode.Considering that the model is contrary to the principle of legality of crime and punishment,and will cause the imbalance of crime and punishment system.On the other side,split mode may be the better mode to solute the question.