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Qualitative Study of PUA Behavior in Suicide Cases in Criminal Law
DOI: https://doi.org/10.62517/jel.202414416
Author(s)
Wu Jiayue
Affiliation(s)
People's Public Security University of China, Beijing , China
Abstract
In recent years, the victims of PUA(Pick Up Artisit) mental control commit suicide frequently enter the public eye, but the criminal law of our country has not regulated this kind of PUA behavior. The prevailing theories in China generally agree that the act of participating in suicide needs to be convicted, but the principle of legality of crime and punishment cannot be directly applied to regulate. On the one hand, most scholars advocate the "complicity theory", which holds that the behavior of participating in suicide is subordinate to suicide and constitutes complicity. On the other hand, because suicide is not a criminal act, they put forward the theory of "least subordination". This view that the primary sex act is legal and the secondary act is illegal is not logically reasonable. It is suggested that on the grounds of causality between the participating act and the result of death, we should abandon the view that the crime of intentional homicide is an accomplice, and turn to the crime of intentional injury. At the same time, referring to the foreign "objective attribution theory", it is appropriate to expand the connotation of intentional injury crime, affirming that mental injury behavior belongs to the objective aspect of intentional injury crime, and identifying it as one of the actual harm results of intentional injury crime.
Keywords
PUA, Participation in Suicide, Causality, Mental Injury
References
[1]Chen Qi, "Discipline, Punishment and Redemption: The Stockholm Effect in PUA Emotional Communication", Modern Communication (Journal of Communication University of China), No. 9, 2020, p. 52. [2]Ma Shiqing, "The Legal Regulation of the Online publication of illegal PUA Information," Chinese Prosecutors, No. 2, 2020, pp. 13-17. [3]Qian Ye Liu, "A Study on the Punishment of Participating in Suicide", Chinese Law,2012 (4), 99-111. [4]Ma Jun. "Criminal Law Interpretation of Suicide Participation", Journal of Ningxia University (Humanities and Social Sciences Edition), No.5, 2016, p. 107. [5]Zhou Guangquan, "The Characterization of instigation and assistance in Suicide -- The Development of the Theory of Extra-Judicial Space", Chinese Prosecutors, 2015 (5), p. 76. [6]Chen Xingliang. A Qualitative study on abetting or helping Others to commit Suicide: An Analysis of Shao Jianguo's Case. Zhejiang Social Sciences, Vol. 6, 2004, p. 74. [7]Zhang Zuxiang, "Psychological Research on PUA Practitioners -- Taking the Five-Step Trap Method as an Example", Wudang, 2021, p. 159. [8]See Xiao Zhonghua, Crime of Violating Citizens' Personal Rights, China People's Public Security University Press, 2002, p. 109. [9]Zhang Ming-kai, "The Criminal Protection of Legal Interests of the Body", Politics and Law, No. 6, 2022, 2-18. [10]Sun Dongdong, Liu Kexin. "On Judicial Psychiatric Identification of Mental Injury", Chinese and Foreign Law, 1994 (4) : 42-44. [11]F.A. Trinder, "Intentional Infliction of simple mental Injury", translated by Li Jianhua, in The Translation of Law, No. 1, 1988. [12]See Wu Zhiou, "Criminal Law Regulation of Mind Control Behavior in the Internet Age -- Starting from the case of" Blue Whale Death Game ", Jiangxi Social Sciences, No. 10, 2018, page 202
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