Sihai network

Is euthanasia legal in China? Why is euthanasia not practiced in China

Will you choose euthanasia? Recently, the topic of euthanasia has been paid attention again. When you are dying and your body is suffering from illness and pain, will you choose euthanasia? The issue of euthanasia has not been formally discussed in China, but the advanced medical technologies that promote the intensification of euthanasia have been largely introduced and promoted in China.

Representatives from all walks of life attending the meeting agreed that although euthanasia, especially negative euthanasia, is almost common in China's actual work (positive euthanasia, at least seven cases have been published in China, actually far more than this number), usually does not cause legal disputes, but considering the specific situation of China, there is no condition for legislation on euthanasia. The differences 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 in 1997, most of the representatives supported euthanasia, and some of them thought that legislation on euthanasia was imminent. It seems that euthanasia legislation can not be avoided. However, what the law realizes is the will of the majority of people. There is no scientific investigation on whether euthanasia conforms to the will of the majority of people. Once euthanasia is legislated, it is like a double-sided blade in front of patients. If it is used well, it can really relieve patients' pain. 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 and unjust people.

Therefore, in China, although there are some cases of euthanasia in Shanghai and other places, euthanasia has not gained legal status. According to the interpretation of 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 the criminal law, but the punishment can be lighter. On the other hand, although euthanasia has the elements of intentional homicide in form, euthanasia is the medical behavior of ending the patient's life in advance under the condition of extreme pain and unbearable, and the medical behavior is normal, so it can prevent its illegality and does not constitute the crime of homicide.

In 1986, the first euthanasia case happened in Hanzhong, Shaanxi Province. It has gone through six years of difficult 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. But this does not mean the legitimacy of euthanasia, euthanasia is still illegal, but because Pu Liansheng's prescription for patients with hibernating spirit is not the main cause of death, the harm is not big, it does not constitute a crime.

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

According to Chen Ze, the director of the Institute of social science of the Chinese Academy of Social Sciences, although there are still some legal and ethical barriers to the implementation of euthanasia, some of them do not meet the requirements of the current legislation. '

There are some deficiencies in euthanasia in China. Because the legislation of euthanasia is not perfect in reality, many euthanasia cases are only handled by the judiciary according to the general theory. Before the decriminalization and legalization of euthanasia in criminal legislation, we should make full use of the relevant knowledge and experience judgment to limit the general rules and theory of the protection of the right to life in criminal legislation The explanation and application of system and relief should exclude the application of intentional homicide in euthanasia cases, so as to achieve the effect of decriminalization of special euthanasia cases, so as to coordinate the principles of general justice and case handling, as well as the tension and conflict between reason and law. Euthanasia is related to the difficult choice of survival and death, the full protection of bioethics and value choice, involving ethics, morality, philosophy, medicine, law and society and many other fields. As a criterion to regulate society and people's behavior, if there is a deviation in legislation, it will cause serious impact, so euthanasia legislation must be cautious And appropriate.

From the perspective of foreign euthanasia legislation, the vast majority of countries start from passive euthanasia and adopt a step-by-step approach. Therefore, China's euthanasia legislation can also follow the way from point to area, from individual to universal, when conditions are ripe for relevant legislation. To investigate the incurable incurable diseases, medical technology conditions and medical service level in China, to find out the people's awareness and ethical identity, to accumulate medical cases and judicial practice experience, to pay attention to the legitimate treatment of cases, and to gradually guide the legalization of euthanasia. In the legal and judicial practice, we should legislate for those behaviors which are both in line with the medical standards and belong to voluntary euthanasia, so as to prevent euthanasia from becoming a means for criminals to murder others and avoid damaging the national feelings.