The Establishment Of Euthanasia System In The Criminal Law Of China

Euthanasia is not a new problem,but it is an interdisciplinary problem,and although the discussion about this problem and research has experienced a very long time,but the domestic study on this is limited to the existing theory and experience with the introduction and whether euthanasia should be legalized and legalization may cause the consequences of these aspects,the lack of criminal responsibility for euthanasia is caused by the construction of specific legislation.Cause the judicial practice unruliness and different judgments in the dilemma facing more and more such cases,China's urgent need for euthanasia to construct the specific legal system,the criminal law of our country in constructing euthanasia system discussed is of far-reaching significance.Different disciplines and the position of the criminal law on the definition of the meaning of euthanasia is different,there are also classified into positive euthanasia and passive euthanasia and other classification methods.Comparison and discussion of the position of the different subjects,especially the position of the criminal law and the definition of euthanasia is the premise of studying the regulation path of euthanasia in our criminal law.A theoretical analysis of China's happened in recent years "euthanasia" typical case,found in China at this stage for euthanasia cases could be inconsistent judgment standard,and because there is no specific law caused by euthanasia may be used as the implementation of intentional killing crime such as an excuse.Holland,Belgium have issued special euthanasia bills,while there has already been cases of passive euthanasia in the United States.The Hospice Palliative Care Act in Taiwan also provides for the rule of passive euthanasia.The existing building is the extraterritorial representative euthanasia system thought has strong reference to our country.It is urgent and necessary to design a set of euthanasia system in our criminal law which adapts to the current situation of our country,the level of legislation and so on.First,at the level of Criminal Law from two aspects: First,in the “Criminal Law”Article 20 and Article 21 for the legitimate defense and emergency shelter after the provisions of the active euthanasia,so that with the legitimate defense and emergency shelter.The second is in the "Criminal Law" Article 232 intentional homicide to add a crime clause,that is,personnel,procedures,etc.are in line with the provisions of the law under the premise of the implementation of active and euthanasia to end the lives of others does not constitute intentional Homicide.Second,need other legal norms from the euthanasia of the implementation of the object,the implementation of the implementation process,supervision and other aspects of specific supporting system design.While maintaining the stability of the existing criminal law structure at the same time,get rid of our euthanasia can not be embarrassing situation.