A Study On The Crime Of Euthanasia From The Perspective Of Criminal Law

Euthanasia is not only an extremely complex issue of medical science, law and social ethics, but also a sensitive and focus-on topic worldwide. Since euthanasia comes down to human’s life, thus how to treat euthanasia is an important problem that is full of difficulties.Currently, more and more people have pay close attention to euthanasia and become approve of it. Although quite a few countries like Netherlands and Belgium have given euthanasia a clear status through the way of legislation and a detailed procedures through the way of law-making progress. In China, the illegalization and hesitation of euthanasia have led it into obvious abuse and disorder. As a result, the patients cannot get enough emphasis and protection on their rights to life and freedom, or get enough respect and realization on their life quality and social value.This thesis attempts to discuss the issue of the decriminalisation of euthanasia from three aspects of analyses. Part one:the overview of euthanasia. It introduces the conception, the classification, the development and the controversy of euthanasia. In the author’s opinion, euthanasia is a kind of measure that will result in death or the acceleration of death of critically ill patients upon their sincere requests. Part two: the discussion of the decriminalisation of euthanasia under the criminal constitute theory of our country and the continental legal system. In the author’s opinion, euthanasia is not a kind of crime because it lacks the substantive characteristics of crimes, does not accord with the aim of penalty, and forms a clear justification for inhibition of crimes. Part Three:the analysis and exploration of the realizing method of the decriminalisation of euthanasia. Although the research on euthanasia is on the initial step in our country, and the economic foundation, the ethics and morality, the medical quality and the legislation environment of euthanasia are still lack. We can still gradually achieve the goal of the legalization of euthanasia by the way of de facto decriminalisation and de jure decriminalisation.In such a case, the thesis attempts to provide some advices on the applicable conditions and procedures of euthanasia, also the legal liabilities and penalties of illegal euthanasia as well. In this way, the author tries to give out a logical demonstration and a possible plan on euthanasia, thus make some contributions to the legalization and popularization of it in our country.