Abstract
A comparative analysis ofthe third Pàràjika in the VinayaPitaka and the Offense causing Deathunder the Criminal Code. It was found two parts, namely Målapa¤¤atti or root regulation which was divided into two parts as 1) intentionally deprive a human being of life and 2) search for an assassin for him. There were found the additional rules that regulated afterward for the better prudence and concise. Regarding to praising the advantages of death or incite him to die, or with such an idea in mind, such a purpose in mind, should in various ways praise the advantages of death or incite him to die; he also is defeated and no longer in affiliation. However, the offence causing death under the criminal law include with six bases offense: 1) intentionally murdering the other person, 2) killing of others unwittingly, 3) negligence causing death, 4) practicing the cruelty or employing the similar factor on the person to have depended on him for subsistence or any other activities so as to that person shall commit the suicide, 5) aids or instigates a person to commit suicide and 6) to be participating in such affray or not, to be death.
The results revealed that the additional rule on depriving a human being of life can be compared to the intentionally murdering the other person. By comparison, the five elements of a criminal offense, it was found to have the same in four aspects: – 1) the content of rule of training, 2) external elements, 3) internal elements and 4) result of action. However, the punishment is different in the fifth component. Regarding to the second part of an additional rule, searching for an assassin for him, it can be compared with the five elements of a criminal offense and found that only one element that is an internal element. The others four elements are different and additional rule on praising the advantages of death or incite him to die can compare to support or instigate a child to commit suicide.
Therefore, the third Pàràjika both the root regulation and the additional rule can be compare to the offense causing death in the criminal law only two bases offenses – intentionally murdering the other person and aids or instigates a child to commit suicide. However, there 103 cases have been adjudicated by the Buddha that found in Vinita Vatthu. Those cases were compared to the criminal law and it was found as follows: 1) fifty cases were on the intentionally murdering the other person, 2) there was one case on killing of others unwittingly, 3) twenty cases on negligence causing death, 4) no case of practicing the cruelty or employing the similar factor on the person to commit the suicide, 5) two cases of aids or instigates a child to commit suicide, 6) no case of participant in such affray or not, to be death, 7) seven cases of abortion and 8) eighteen cases without any guilty of criminal law.
The were found 103 cases and the comparative analysis found that 1) there were 85 cases that considered as the offence against life and body (included other the criminal offence) or 82.50 percent and 2) the were found 18 cases and considered as without any guilty of criminal law or 17.50 percent. The analysis concluded that the third Pàràjika 3 in the Vinaya is also applicable in the present effectively. Despite the time has passed for 2600 years.
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