The Research On The Non-guilty Of Euthanasia

In the process of civilization, human's attitude toward death is evolving, from blind fear of death to passively waiting for it and now to actively accept it even regulate the way of dying. The character of non-guilty of euthanasia is always the most projecting problem in thedrastic confliction of the theory of "quality life" and "holy life". At present, different countries did differently from each other in dealing with the behavior of euthanasia during justice practice. Mostly, euthanasia was regarded as a crime of intentional homicide. Only a few countries which are represented by Holland promulgated the law admitting euthanasia. The deepen understanding of euthanasia and its practice come up with a problem in application to our China' jurist. To seek remedy of law system and to fill the law gap is what this thesis aims. The author discussed the aforesaid problem from the following four parts.Chapter One introduces the conception and scope of euthanasia, and the existing popular views towards the categories. Euthanasia, also named mercy killing, in nature contains the idea of non-painful dignity dying. The euthanasia herein referred tothe active voluntary euthanasia.Chapter Two briefly introduces legislations of the non-guilty euthanasia abroad, judicial norms and the main reasoning. And then three typical euthanasia cases are introduced to show our authorities attitude towards euthanasia. Additionally, the thesis enumerates and analyzes the existing view about the non-guilty of euthanasia.Chapter Three firstly shows different understanding towards the concept of non-guilty of euthanasia, that is "a crime but shall not be punished", and "not even a crime". Then from the theory of holding back from illegality and exclusion Of being a crime, the thesis compares with the above two different views. Moreover the thesis resorts to the theory of restraining criminal law and "no statute, no crime", and at end of the chapter, the thesis advances the opinion that is the non-guilty of euthanasia shall be understood that euthanasia is not even a crime instead of being of crime without punishment.Chapter Four puts forward some suggestions upon the system and structure of euthanasia legislation. It shall be more suitable to apply to piecemeal judicial reviews to achieve the factual non-guilty. With a reference to Netherlands and other countries legislation upon the object, the requirement of the intention, the applying procedure and enforcement, the thesis advances the system of China's non-guilty euthanasia, and measures to prevent the abuse of euthanasia.In sum, the non-guilty in fact shall be relative feasible way for legalization of euthanasia. It is an innovation of idea, a deepen understanding of life and death, and also the requirement proposed by civilization and moderation of criminal law.