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

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.