The Innocence of Special Circumstances of Suicide Participation by Omission: A Fusion Solution of Doctrine and Social Resolution

• 발행기관: YIXIN 출판사
• 저자명: Gan Yilin
• 간행물 정보: 『International Academic Tribune』Vol.1 No.2, 79~90쪽, 전체 12쪽
• 주제분류: 사회과학 > 교육학
• 파일형태: PDF
• 발행일자: 2024.11.30

국문 초록

This paper mainly examines three special circumstances of suicide participation by omission. By analyzing the non-establishment of the obligation to act and ineffectiveness of punitive deterrence, it seeks to clarify the grounds for innocence in these cases. Drawing on the legal frameworks of Mainland China and Macau, as well as the potential legislative directions in Mainland China, the paper explores the feasibility and systematic basis for recognizing such innocence. It opposes hard paternalism, advocating for a gradual and progressive embrace of liberalism to prevent the instrumentalization of criminal law and uphold its principle of modesty. Building on legal reasoning, the study integrates social solutions, bridging law with the humanities and social sciences, and aligns the rule of law with social governance. The aim is to propose alternative pathways to resolving the challenges that criminal law encounters in such cases.

목차

Ⅰ. The Conception of Special Circumstances of Suicide Participation by Omission

Ⅱ. Innocence in special omission in Suicide Participation

Ⅲ. Social Solutions in the Case of Innocence

Ⅳ. Conclusion

키워드

Omission Suicide Obligation Deterrence Socialization

참고문헌

• Peking University Press
• The Commercial Press
• China Youth Study
• Journal of Southeast University (Philosophy and Social Science Edition)
• Journal of Sun Yat-sen University (Social Science Edition)
• The Commercial Press
• Young Journalist
• Issues in Juvenile Delinquency
• Legal Science (Journal of Northwest University of Political Science and Law)
• Tsinghua Law Journal
• China Journal of Mental Health
• People's Public Security
• Jurisprudence