Euthanasia The Decriminalization Study

With the development of our human civilization, more and more people can face death with positive attitude, and at the same time expect their death can be civilized. So the problem of euthanasia arises. However, in our country, lawmaking of euthanasia is still lacking at present. As a cross-disciplinary theoretical problem euthanasia mainly concerns four fields of subjects, namely, Criminal jurisprudence, Philosophy, Medical ethics and sociology. Therefore, it's necessary to make different comments on principles and theories relative to the above-mentioned four fields respectively. From the aspect of doctors the medical ethics should be emancipated from the traditional thinking requiring "healing the wounded and rescuing the dying" and set up a strong sense of respecting the patients' rights and relieving their pains. Pursuing the value of one's life, the spirit of euthanasia is thought by the author to be positive.However, the practice of euthanasia is regarded as a criminal action by Chinese criminal jurisprudence,owing to the theory of four elements indispensable to constitute a crime.In order to resolve the problem of exclusion of crime and non-punishment during a practice of euthanasia, we should draw reference from the "theory of ground for elimination of illegitimacy" and "theory of probability of anticipation " in criminal constituency theory in the Continental law system. From the point of the form with which the patient apply for euthanasia voluntarily and actively, We can find factual basis of the deficiency of legal interests in the patients'right of life. Euthanasia isn't against the"social appropriate conducts theory" either. And it is not a destructive factor to the social stable order. Though, Chinese criminal trial has not adopted the theory of probability of anticipation officially, But in practical case relevant judgements accept its presence in disguised form. To practise euthanasia on dying patients,it accords to the pressing demands of human mental structure and is a respect to human mental needs.In this paper, the author firstly analyzes the essence of euthanasia, then introduces the general situation about lawmaking of euthanasia in foreign countries. Lastly discusses the controversial points about euthanasia in our country.and based on the above-mentioned, the author thinks,confronted with the present situation in our economical society, euthanasia,is better to be dealtwith ds a non-criminal action,for which some tentative system-designing programs are also set forth.