The Path Of Decriminalization Euthanasia

Since 2002, the Netherlands passed the law on euthanasia to legitimize the legalization of euthanasia in the world, until now, the legalization of euthanasia is still the heat of the year. China's population as a large country,coupled with the sustained and rapid development of China's economy in recent years, the steady rise in the national standard of living, people's euthanasia demand gradually surfaced. More and more people are willing to choose euthanasia when they are dying and have no effective cure, but hampering the vague definition and institutional gaps in the concept of euthanasia in Chinese law, leading to euthanasia and some acts of intentional homicide by euthanasia , The result is the law of the euthanasia were rated as a crime. In this context, very few hospitals or doctors will be willing to help patients achieve this last wish, leading to the patient depressed.With the increasing popularity of euthanasia, there is an urgent need to regulate euthanasia from a legal point of view. This paper focuses on the study of the law from the different angles of euthanasia legal legitimacy, around the euthanasia of the core of non - criminalization, divided into three parts of the study of euthanasia path. The first part of the first part of this article begins with sociology, from the perspective of life philosophy and social ethics, the second part is the level of criminal law on the euthanasia should be Evaluation of crime for the study, selected the criminal law of modesty and the purpose of punishment from the two angles of the analysis of the nature of the law of euthanasia, and thus proved that euthanasia should not be evaluated as a crime behavior. The second part expounds how to use the existing legal system to de facto decriminalization of euthanasia on the basis of no change in China's existing legal system. In the first part, the author discusses the theory of criminal law, which is based on the de facto non-criminalization of euthanasia, that is,the cause of obstruction and the cause of responsibility. Then it is based on the existing criminal law system, the establishment of three small part of the euthanasia non-criminal path, namely: to determine the euthanasia of the code of conduct, the establishment of euthanasia pre-examination system, as well as different euthanasia cases and deal with. The third part is to summarize the existing euthanasia law between the same, the future of China may be carried out euthanasia legislation frame concept. This paper summarizes the commonality of foreign euthanasia legislation,and also refers to China's existing laws and regulations and administrative institutions set up, according to China's specific national conditions and characteristics of a reasonable vision, and finally the formation of the code of conduct, management system, institutional settings three aspects As the basis of the framework of the future legislation of Chinese euthanasia legislation.