Font Size: a A A

Research On The Criminal Law Regulation Of Abetting Suicide Behaviors In Cyberspace

Posted on:2021-04-20Degree:MasterType:Thesis
Country:ChinaCandidate:X H ZhaoFull Text:PDF
GTID:2416330602482178Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
With the development of the Internet age,the Internet has become an indispensable tool to facilitate human life,but it also provides a shortcut for criminals to commit crimes.The network abetting suicide phenomenon is increasingly prominent,especially the "blue whale games","momo challenge" and other internet-induced suicide organizations that are common among teenagers,these behaviors attempt to achieve the goal of suicide by means of further seduce and mind control of victims,in most countries have caused young self-injury suicide as a result.From the perspective of infringement of legal interests,behavior pattern,volition worthless and subjective malignancy,the behavior of abetting suicide in cyberspace should be recognized as a crime,in urgent need of the criminal law means to interveneBut at present for abetting suicide behavior,Chinese criminal law has no relevant provisions,there are various points for abetting suicide behavior of the crime or not crime,this crime or that crime,all point of theory and judicial practice is that abetting suicide is unified with intentional homicide,but cyberspace abetting suicide behaviors are different from the general traditional abetting suicide behavior,it is not to be ignored that this kind of behaviors has special attributes such as unspecified behavioral objects,organized abetting behaviors,diversity of infringement of legal interest,concealing and so on.It will lead to serious social harm,so it is not appropriate to unify the crime of intentional homicide.This paper mainly uses the literature research method,qualitative analysis method,empirical analysis method and comparative analysis method to explore the key points of the dispute on the regulation of abetting suicide behavior in cyberspace,the application of the existing criminal law of different types of cyberspace abetting suicide behaviors and the improvement of legislation based on the existing criminal law.In order to avoid problems for cyberspace abetting suicide behavior regulation research is too general,shall be of cyberspace abetting suicide behavior of different types are classified,according to the specific object of behavior or not behavior type can be divided into personal law and social law of cyberspace abetting suicide behavior,namely narrow abetting suicide behavior of cyberspace.In order to avoid problems for cyberspace abetting suicide behavior regulation research is too general,shall be of cyberspace abetting suicide behavior of different types are classified,according to the specific object of behavior or not behavior type can be divided into personal law and social law of cyberspace abetting suicide behavior,namely narrow abetting suicide behavior of cyberspace.In order to avoid research of cyberspace abetting suicide behavior regulation is too general,should classify different types of cyberspace abetting suicide behavior to study,according to the specific object of behavior or not,behaviors types can be divided into aimed at personal law and social law of cyberspace abetting suicide behavior,the latter also namely the narrow abetting suicide behavior of cyberspace.Behaviors aimed at social legal interests can be divided into specific types such as suicide games and suicide websites.The existing criminal law is used to analyze the application of criminal law of different types of behaviors,so as to study the shortcomings and defects of the application of existing criminal law.The specific objects behaviors can be determined the nature of analogy murder indirect crime Together with the present situation of behaviors and learning from foreign legislative experience,to propose the suggestion that non-specific objects cyberspace abetting suicide separate conviction.Analyzing the necessity of instituting cyberspace abetting suicide crimes and how to institute the crime from the perspective of risk criminal law,offender of abstract danger,moderate criminalization and so on.To make every effort to prevent from the aspects of the criminal law perfect and standardize such harm,to prevent the more serious harm result,to protect the safety of people in our country,social stability and law and order.
Keywords/Search Tags:Cyberspace, abetting suicide behavior, criminal law regulation, offender of abstract danger
PDF Full Text Request
Related items