Font Size: a A A

From The Victims' Consent Theory To Suicide And Euthanasia

Posted on:2021-01-11Degree:MasterType:Thesis
Country:ChinaCandidate:H L WuFull Text:PDF
GTID:2416330611965717Subject:Law
Abstract/Summary:PDF Full Text Request
German and Japanese victim's consent theory is rather complicated in contrast with the theory of tatbestand,complicity,and offenses counting.Chinese scholars also benefit from the studying of victim's consent and solve lots of problems.However,we are still doubtful about the following questions: the standard of victim's consent,more specifically,the decriminalization of euthanasia,the punishment of behavior associated with suicide,the public order and good custom as the criterion of mayhem.Specifically,we are supposed to realize the discrepancy between law and morality.Therefore,it is irrational to use public order and good custom as the standard to study victim's consent,then we can find the conclusion of tolerance from the country to the autonomy of individual,and the limit of this tolerance is the harm principle.Particularly,when we think about the standard of mayhem in victim's consent theory,we have to focus on the consequence of harm,not the motive of victim's consent,and that is the essential point of discrepancy between law and morality.What's more,when it comes to suicide and its associated behaviors,we need to use the harm principle to confirm its harmfulness.Furthermore,the problem of euthanasia is concerned with the autonomy which includes self-decision and self-liability.However,it is not a surefire standard,in euthanasia we also have to take care of other factors such as the due process.Ultimately,we need to analyse theories and cases of victim's consent and use our critical thinking in order to get a appropriate result.
Keywords/Search Tags:victim's consent, legal interest theory, euthanasia, behaviors associated with suicide
PDF Full Text Request
Related items