被侵权人自杀的法律规制——基于中国、西班牙立法与司法的比较

The Regulation on Suicide of the Infringer Based on Comparison of Legislation and Judicature between China and Spain

关于被侵权人自杀的法律规制,在西班牙,刑法明确规定了教唆自杀罪,保险法也规定了可予理赔的自杀行为。虽然《西班牙民法典》未作出明确规定,但在作为规制特殊侵权责任的劳动法、社会保障法中,就工伤事故中受害人自杀的,规定了相应的损害赔偿责任;民事司法实践也通过特殊监管义务制度、因果关系推定制度和共同过失制度解决侵权行为致人自杀时的责任分配。我国部分立法就自杀相关问题进行了规范,司法实践通过一些案例做出积极探索。比较中国、西班牙就被侵权人自杀在立法与司法上的规制,有利于进一步明确问题所在,妥善解决该类纠纷。

Once the victim commits suicide, according to the criminal law of Spain, the defendant will bear the crime of abetting suicide, and according to the insurance law, the insurer will bear the liability of damages.Although the Civil Code did not have clear regulations, the Labor Law and Social Security Law which are seemed as special civil laws have regulated that the offender should bear the liability of damages to the victim who had suffered injured on the job. Civil judicial solves this problem through specific regulatory obligations, presumption of causation and contributory negligence. Some of our legislation have defined this problem and the judicial practice have made some active exploration through cases. It＇s helpful to define the problem further and resolve the disputes more properly by comparing the legislation and judicature in China and Spain on regulating the liability for suicide of the infringer.