故意杀人罪立法缺陷探析

Analysis on the Defect of Legislation of Murder

外国刑法中除普通杀人罪外,还规定有谋杀罪、杀人预备罪、嘱托、承诺杀人罪、杀害尊亲属罪、教唆、帮助自杀罪等等。我国大陆刑法的故意杀人罪规定很简单,不能将教唆、帮助自杀行为包括内。基于罪刑法定原则的要求,当前对教唆、帮助自杀行为不能以故意杀人罪处理。刑法中应增设教唆、帮助自杀罪。

Different forms of murders are stipulated in foreign criminal laws, while the legislation of murder in China mainland is quite simple. In accordance to the Principle of Nullum Crimen Sine Lege, Nulla Poena Sine Lege, a-betment or assistance in suicide must not be handled as a crime. However, abetment or/and assistance in suicide should be supplemented as a crime.