Research On The Criminal Law Of Euthanasia

Everyone will eventually face death.The problem of “euthanasia” has been discussed and debated for ten years and still plagues many legal scholars.The issue of euthanasia is a manifestation of the contradiction between law and morality.How to ensure the balance?how to respect the value of life?whether the legalization of euthanasia is feasible is worth exploring?The euthanasia issues discussed in this paper involve many aspects such as law,medicine,ethics,sociology,etc.However,due to the limitations of the space and the limitations of the content,the topic is narrowed down to the scope of the study of the criminal law of euthanasia.The legalization of euthanasia has also caused widespread controversy in many countries around the world,and countries have adopted different attitudes toward it.Some countries regard euthanasia as a crime,and some countries decriminalize it through the “criminal mechanism”.In other countries,legislation has legitimized euthanasia.Studying euthanasia from the perspective of law can not only enrich the connotation of patients' right of self-selection,but also increase the relevant theories of human rights,and can also promote the development of criminal law.By exploring the path of non-criminalization of euthanasia in China and proceeding from the perspective of China's social ethics,the concept of euthanasia in criminal law is discussed,and corresponding solutions are proposed.This not only provides the theoretical basis for criminal law for the decriminalization of euthanasia,but also provides a basis for justice.Practice provides relevant theoretical guidance.For this reason,this article attempts to discuss the issue of penal law for euthanasia.First of all,an overview of euthanasia is to introduce the concepts,definitions,historical evolution,and related arguments of euthanasia.It mainly analyzes the different definitions and development status of euthanasia at home and abroad.In the author's opinion,euthanasia is a case in which a person suffering from an incurable disease suffers from extreme mental and physical pain.After a patient's own written request,the doctor's written consent,and review by the reviewing agency,the physician of the specialized agency is not responsible for the patient.Painfully end your life.In addition,this article focuses on the analysis of the five necessary conditions for the establishment of euthanasia: euthanasia must fully protect the subjective willingness of the object of euthanasia;euthanasia implementation can only be a doctor;the implementation process of euthanasia must be reviewed and approved by a specialized agency;in the euthanasia application process,Examination of the true state of the euthanasia object and the true will;euthanasia must be painless.Legal scholars have been controversial about the illegal and legal issues of euthanasia.By analyzing the different views of different scholars on the illegality and legality of euthanasia,this article agrees with the view that euthanasia is legal,and believes that euthanasia constitutes a crime and is not a crime.Regarding the study of the non-criminalization of euthanasia,starting from the issue of non-criminalization of euthanasia,the three theories of “fair balance theory”,“behavioral purpose theory” and “social equivalent behavior theory” constitute justification for euthanasia.Summarizes the basis for analysis;from the four aspects of “the conduct based on consent of rights holders”,“self-harm behavior”,“expectation possibility” and “legitimate business conduct”,the theoretical basis for euthanasia justification can be analyzed.It is concluded that euthanasia constitutes a legitimate cause of action and constitutes a violation of the law.It does not constitute a crime.In the end,it mainly explores the path of euthanasia in China,and explores and analyzes the path from the legislative perspective of “legal decriminalization” and the “de facto non-criminalization” judicial perspective.Combining the euthanasia situation,"legally non-criminalization" mainly involves these two aspects: the establishment of euthanasia legislation and the establishment of additional legal issues."In fact,the decriminalization" is mainly to explore the path from the prosecution and the trial,including the judicial interpretation and the judicial application of supplementation,as well as the indefinite or impermissible conduct of the judiciary.From the "four essentials" system,the issue of euthanasia was discussed.Through the appropriate use of the crime mechanism,the euthanasia was treated as a non-criminal treatment.