On The Decriminalization Of Euthanasia

As a cross-disciplinary theoretical issue, euthanasia mainly related to philosophy, criminal law, medicine, ethics and sociology disciplines, and its study may even exceed the listed areas. Therefore, it’s necessary to discuss the principles and theories of euthanasia under these disciplines respectively. In the aspect of philosophy, the right to life as the natural content of human rights is decisive to voluntary euthanasia. In the medical ethics, the doctor should be liberated from traditional medical ideology of "healing the wounded and rescuing the dying", and establish the ethics of respecting the rights of patients to relieve from pain and suffering. At the same time,"filial piety" in the traditional Chinese culture is the biggest social barrier to the legalization and discussion of euthanasia. In the criminal law field, the practice of euthanasia in China is a criminal behavior. The four elements theory of crime constitution is the sticking point, because the theory itself is conservative and conceptual, which is apparently unable to elaborate a deep-seated theoretical perspective of euthanasia in non-crime and punishment issues. Therefore, it is necessary to learn from the continental law the theories of illegal negates and victim commitment and look forward to the possibility of the issues. By taking the initiative and voluntarily application for euthanasia, the patients choose the most superior legal interest for themselves, and the illegality of doctors’assistance should be deemed negated. Similarly, the act of euthanasia does not violate the requirements of " the considerable social behavior" theory, and is not a threat to undermine the social stability and social order. Although China’s criminal trial does not formally accept the theory of the victim commitment, but the judicial exercises have defaulted the existences of the adoption of such theory, which opens up a new way for the development of the legalization of euthanasia.In addition, there are different standards of euthanasia classifications between criminal law study and medicine science, such as euthanasia in the broad sense and in the narrow sense, proactive and passive euthanasia, positive and negative euthanasia, etc. While facilitating a profound grasp of the doctrine on euthanasia, these classifications have the shortcomings of one-sidedness, absoluteness and mutual overlap, which deter the understanding of the essence of euthanasia’s role in reality. Since the basic principal of euthanasia is the voluntariness of patients, a scientific classification of euthanasia must be able to reflect the subjective characteristics of patients. Otherwise, the classification would be incomplete and lack of scientific sense.The social currency of China has already been equipped with the foundation and conditions for the legalization of euthanasia. The study of euthanasia should be not only academic, but also empirical. The key to the legalization of euthanasia is the necessity of its legislation under contemporary social need and public opinions. The discussion of euthanasia not only aims to promote citizens’ rational treatment of the bioethical issue of life and death and democratic countries’proper reaction to criminal law policy disputes, but also enhances the revolution in criminal law theories, the re-assess of the principal of legality and the re-construction of the constitution of crime, and thus makes Chinese criminal law more perfect.