Legal Thoughts On Euthanasia

The euthanasia question is a disputable question the world faces, and also is an inevitable question along with the theory of quality of life proposed. It involves ethics, medicine, sociology, law and other multi-disciplinary knowledge. This paper attempts to conduct the thorough research to the euthanasia question from the legal science theory direction and social practice, and believed, the euthanasia system has its rationality and several countries' euthanasia legislation has obtained great achievement. In our specific situation, due to the economic, cultural, moral and legal aspects of the conditions, it's difficult to have separate legislation on euthanasia, Therefore, it's more appropriate to carry out the pilot of the legalization of euthanasia on the basis of the non-crime of euthanasia to solve the euthanasia realistic problem. The whole paper is divided into three major parts: the introduction, the body and the conclusion, the body has five parts.Part one outlines for the issue of euthanasia, introduces the origin, evolution and the development of euthanasia at home and abroad. In ancient times, there was thought of the embryonic form of euthanasia. About the development of foreign euthanasia, the paper chooses the attitude and legislation of euthanasia in several representative countries including the civil law countries and the common law countries. The issue of euthanasia in china began in the early 1980s, but until today, all circles of the society are still very cautious to euthanasia.Part two analyses the basic issues of euthanasia, and put forward their own issue of euthanasia through the introduction and analysis of the basis of some views. The scope of euthanasia should be strictly limited. This paper defines the scope of euthanasia as: The patient who contracts which the modern medicine to confirm incurable disease and borders on the death, because of unbearable extreme physical pain, under his sincere request, adopts the artificial method according to the legal procedure by doctor to finish the life in the non-painful condition.Part three elaborates the rationality and non-crime of euthanasia, which have theoretically laid the euthanasia legislation moral and legal foundation. This paper first proves the euthanasia system to conform to the life right, ethics morals and the social demand, so it has the rationality. Looked from the life right angle, the euthanasia and the life right do not conflict; As for ethics morals angle, the request for euthanasia of patients is the respect of human life; In the reality there are some disease which the modern medicine is unable to cure, and cause the patient extreme pain, euthanasia has been gradually understood and accepted by more and more people. Then the paper proves practicing euthanasia is not a crime. From the basic characteristics of crime, practicing euthanasia doesn't commit a crime. In the judicial practice, punishes intentionally to the euthanasia executor by the murder crime, is inappropriate.Part four elaborates the difficulties of our country's euthanasia legislation based on our national condition. The basic reason to restrict the euthanasia legislation is that the medical safeguard system imperfect; The traditional culture influence enables the people not to face the euthanasia; The legislation technology also has certain difficulty; Human's moral quality causes the euthanasia implementation insecure.Part five about how to solve the euthanasia question in china, is the core of this article. This paper holds that china should gradually bring about the legalization of euthanasia. According to our country's realistic situation, we may carry out the pilot of the legalization of euthanasia on the basis of the non-crime of euthanasia, and accumulate experience for legislating of euthanasia.