论帮助自杀行为的非罪化

发布时间：2018-02-10 14:31

本文关键词： 帮助自杀故意杀人罪独立定罪　出处：《安徽财经大学》2017年硕士论文　论文类型：学位论文

【摘要】：帮助自杀行为是指行为人明知他人已有自杀决意后,为了让别人更加容易达到自杀的目的,而给予自杀者一定的辅助行为,例如给予管制刀具等可自杀的用具、教授自杀手段、制造使人便于自杀的因素与环境或做出别的帮助行为的,这些都应该属于帮助自杀行为。帮助自杀行为常常会同,如与胁迫自杀行为、相约自杀行为等性质的自杀关联行为之间存在很大的联系,但也存在明显的区别,并不能将其混为一谈。对帮助自杀行为的定性要准确的把握其定义及其相关特征。而关于在刑法上如何准确的对帮助自杀行为进行定性,在刑法理论界并没有一个统一的观点,在我国刑法学界中,有的主张将其按故意杀人罪进行定罪处罚,这一观点是目前刑法理论界的通说观点;有的则认为帮助自杀行为并不能按故意杀人罪处理,而应对该行为独立定罪,即主张构建教唆、帮助自杀罪;还有的学者认为应该对帮助自杀行为进行无罪化处理,即不构成犯罪。理论上虽然存在诸多的争议,但是在我国司法实务界却都是依据故意杀人罪行来定性进行判决的。如何有效定性帮助自杀行为,在其他国家中,一些国家在法律中有写到挑拨、帮助自杀罪,从而在遇到帮助自杀问题时就可以直接按照刑法相关条文的规定对其定罪处罚,但也有部分国家将其以无罪化进行处理,即帮助自杀行为不构成犯罪。在对帮助自杀行为定性问题探讨之前先对自杀问题予以相应的分析,首先对自杀的定义予以明确,其次阐述了自杀包括主观和客观两个方面,最后,根据法外空间说,明确了自杀并不属于犯罪行为,法律不能对其予以规范惩罚的。在自杀不构成犯罪的以及对帮助自杀行为概念和特征予以明确的基础上,最后对帮助自杀行为非罪化进行证成,主要是从帮助自杀行为不具有严重的社会危害性、被害人具有自我答责能力、将帮助自杀行为非罪化是对罪刑法定原则的贯彻、该行为非罪化是刑法谦抑性原则的内在要求以及帮助自杀行为不构成现行法律规定的故意犯罪的各项规定,从这几个角度出发对该行为进行深入的探讨,得出了帮助自杀非罪化的结论。
[Abstract]:Helping to commit suicide refers to the person who, after knowing that the other person has made a decision to commit suicide, in order to make it easier for others to achieve the purpose of suicide, gives a certain auxiliary act to the suicidal person, such as giving a tool to control suicide, such as a knife, to teach the means of suicide. Those who create factors and circumstances conducive to suicide, or do other acts of help, should be classified as aiding suicide. Helping to commit suicide is often the same as, for example, coercing suicide, There is a great relationship between suicidal related behaviors of similar nature, such as suicide behavior, but there are also obvious differences. It can not be confused. The definition of assisted suicide and its related characteristics should be accurately grasped in the qualitative analysis of assisted suicide. However, there is no unified view on how to accurately characterize aiding suicide in criminal law, and there is no unified view in the theoretical circle of criminal law. In the field of criminal law of our country, some people advocate that they should be convicted and punished according to the crime of intentional homicide, which is the general view of the criminal law circle at present, while others think that the act of helping suicide can not be dealt with according to the crime of intentional homicide. However, it should be independently convicted, that is, to advocate the construction of abetting and aiding the crime of suicide. Other scholars believe that the aiding suicide act should be acquitted, that is, it does not constitute a crime. Although there are many controversies in theory, However, in the judicial practice of our country, the verdict is based on the crime of intentional homicide. In other countries, in other countries, some countries have written about incitement to help commit suicide. Thus, they can be convicted and punished directly in accordance with the relevant provisions of the criminal law when they encounter the problem of aiding suicide, but some countries also treat them as innocent. That is to say, aiding suicide does not constitute a crime. Before discussing the qualitative problem of aiding suicide, the author makes a corresponding analysis of suicide, first defines suicide, and then expounds that suicide includes two aspects: subjective and objective. Finally, according to the theory of extrajudicial space, it is clear that suicide is not a criminal act and that the law cannot regulate it... On the basis of the fact that suicide does not constitute a crime and the concept and characteristics of aiding suicide are clearly defined, Finally, the decriminalization of aiding suicide behavior is proved, mainly from the fact that helping suicide behavior does not have serious social harmfulness, the victim has the ability to answer for himself, and decriminalization of helping suicide behavior is the implementation of the principle of legally prescribed punishment for a crime. The decriminalization of the act is the inherent requirement of the principle of modesty in criminal law and the provisions of helping to commit suicide which do not constitute the intentional crime stipulated by the current law. The decriminalization of helping suicide is concluded.
【学位授予单位】：安徽财经大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D924.3

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