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What is euthanasia? Is euthanasia legalized in China

Recently, euthanasia has attracted more and more attention. When you are dying and your body is suffering from pain, will you choose euthanasia? Euthanasia has not been formally discussed in China, but the advanced medical technology which has intensified the euthanasia problem has been introduced and popularized in China. On July 5, 1988, the Chinese Medical Association, the Chinese society of Dialectics of nature, the Institute of philosophy of the Chinese Academy of Social Sciences, the China law society, Shanghai Medical University and other relevant units jointly sponsored the Symposium on euthanasia.

Representatives from all walks of life at the meeting agreed that, although euthanasia, especially negative euthanasia, can almost often be encountered in China (active euthanasia, at least seven cases have been published in China, which in fact greatly exceeds this number), usually does not cause legal disputes, but considering the specific situation of China, there is no condition for legislation on euthanasia. The divergent opinions in the discussion are roughly the same as those in foreign countries.

Since 1994, the proposal group of the National People's Congress has received a proposal for legislation on euthanasia every year. At the first National Symposium on euthanasia held in 1997, most of the representatives supported euthanasia, while some thought that legislation was imminent. It seems that euthanasia legislation can no longer be avoided. However, the law realizes the will of the majority of people. Whether euthanasia conforms to the will of the majority of people, there is no scientific investigation result at present. Once euthanasia legislation is enacted, it is like a double-sided blade in front of patients. If it is used well, it can really relieve the sufferings of patients; if it is not used well, it may become an excuse to deprive patients of their right to choose life and be abused by lawless people.

Therefore, in China, although there are cases of euthanasia in Shanghai and other places, euthanasia has not gained legal status. According to the current criminal law, euthanasia is a crime of intentional homicide. There have been two arguments about its legal consequences. One side thinks that euthanasia can not prevent the illegality of the act, and it still constitutes the crime of homicide in criminal law, but the punishment can be lighter. The other side thinks that although euthanasia has the elements of intentional homicide in the form, euthanasia is a medical behavior that ends the patient's life ahead of time under the condition of extreme pain and unbearable tolerance, and the medical behavior is normal behavior, so it can prevent its illegality and does not constitute the crime of homicide.

The first euthanasia case happened in Hanzhong, Shaanxi Province in 1986. It has gone through six years of hard litigation. At the request of the patient's children, doctor Pu Liansheng carried out euthanasia for the patient, and was later arrested by the Procuratorate on suspicion of "intentional homicide". After six years of trial, Pu was finally acquitted. However, this does not mean the legality of euthanasia. Euthanasia is still illegal. Only because the hibernating spirit prescribed by Pu Liansheng is not the main cause of the patient's death and the harm is not great, it does not constitute a crime.

In the civil society, perhaps people are too impressed with medical prevention of death and life extension. Therefore, many people think that the moral responsibility of doctors is to save the dying and help the wounded. Any euthanasia is considered immoral. Some people say that China's national conditions are that many people yearn for and pursue not the right to die, but the sacred right to protect life.

"The legislative needs of the society have not reached a certain level, although some people in the society call for euthanasia legislation," said Chen Zexian, director of the Criminal Law Research Office of the Law Institute of the Chinese Academy of Social Sciences, "judging from some ethical and moral concepts in China and some existing legal obstacles, there are no conditions for euthanasia. '

The deficiency of euthanasia in China. Because the legislation of euthanasia is not perfect in reality, many cases of euthanasia are only handled by judicial organs according to the general theory. Before the decriminalization and legalization of euthanasia in criminal legislation, relevant knowledge and experience judgment should be fully used in the interpretation of criminal law to limit the general rules and theories on the protection of the right to life in criminal legislation The interpretation and application of the system and relief can exclude the application of intentional homicide in the case of euthanasia in accordance with the conditions as far as possible, so as to achieve the effect of decriminalization of specific cases of euthanasia, so as to coordinate the general justice of criminal law with the principle of case handling, and the tension and conflict between reason and legal principle. Euthanasia is related to the difficult choice of survival and death, the full protection of bioethics and value selection, involving ethics, morality, philosophy, medicine, law and society and many other fields. As the standard of regulating society and people's behavior, law, as the criterion of regulating society and people's behavior, if there is deviation in legislation, it will cause serious influence. Therefore, the legislation of euthanasia must be cautious And appropriate.

Judging from the legislation of euthanasia in foreign countries, most countries begin with passive euthanasia and adopt a gradual and orderly way. Therefore, China's euthanasia legislation can also follow the way from point to surface, from individual to universal, and carry out relevant legislation when conditions are ripe. Medical investigation on incurable incurable diseases, medical technical conditions, medical service level and other aspects in China is carried out to find out the national awareness and ethical identity, accumulate medical cases and judicial practice experience, attach importance to the legitimate treatment of cases, and gradually guide the legalization of euthanasia. In the legal and judicial practice, legislation should be made on those behaviors that conform to the medical standards and belong to voluntary euthanasia, so as to prevent euthanasia from becoming a means of murdering others by lawless persons, and to avoid damaging national feelings.