Study on the Decriminalization of the Abetment or Assistance in Suicidal Behavior<br/>—Based on the Objective Imputation Theory
- 1 School of Political Science and Law, Shanghai Normal University, Shanghai, China
- 2 School of Political Science and Law, Shanghai Normal University, Shanghai, China
Abstract
Preferably Objectives : Study on whether abetting or assisting suicidal behavior constitutes a crime. Methods : With the Objective Imputation Theory to solve the causality relationship between the death results and abetment or assistance of suicidal behavior. Results : This paper discusses the abetment and assistance of suicidal behavior in the system of objective imputation theory. After a comprehensive analysis and demonstration, we get the results that the abetment and assistance behavior does not meet the three constituent conditions of objective imputation theory. Conclusions : The abetment and assistance of suicidal behavior does not constitute the crime of intentional homicide.
- Chen, X. L. (2006). From Attribution to Liability—Study on the Objective Imputation Theory. Chinese Journal of Law, No. 2, 80-81.
- Gao, M. X., & Ma, K. C. (2011). Criminal Law (p. 462). Beijing: Peking University Press/Higher Education Press.
- He, Q. R. (2004). Two Meanings of Instigator in China’s Criminal Law. Chinese Journal of Law, No. 5, 52.
- Lin, D. M. (2009). The Objective Imputation Theory. Northern Legal Science, No. 5, 10.
- Qian, Y. L. (2012). Study on the Penalty of the Abetment and Assistance in Suicide. China Legal Science, No. 4, 110.
- Sun, Y. L. (2013). The Induction of Objective Imputation Theory and Functional Regression of Causality. Modern Law, No. 1, 142.
- Wang, G. (2012). The Identification of Suicide and the Criminal Judgment of Relevant Behaviors. Chinese Journal of Law, No. 4, 168.
- Yu, G. Z., & Wu, Y. P. (2007). The Objective Imputation Theory in Criminal Law. Science of Law, No. 3, 62.
- Zeng Gen, W. Y. (2015). The Foundation of Criminal Law (p. 74). Translated by Li Hong. Law Press.
- Zhang, M. K. (2011). Criminal Law (4th ed., pp. 177-178). Beijing: Law Press.
- Zhang, M. K. (2012). The Legal Theory of Risk Acceptance in Criminal Law. Chinese Journal of Law, No. 5, 171.
- Zhang, R. P. (1987). The Definition and Significance of the Marx Doctrine on the Human’s Property and Its Related Concept. Donyue Tribune, No. 1, 56.
- Zhang, X. N. (2014). The Rise and Fall of Correspodence Theory of Causal Relationship—The Promotion of Objective Imputation Theory. Donyue Tribune, No. 8, 157.
- Zhou, G. Q. (2011). The Theory of Criminal Law (p. 14). Beijing: China Renmin University Press.