| The opening chapter gives a general overview of the euthanasia issue.Tracing back to the origin and evolution of the idea of euthanasia in the west, this essay introduces the current development of euthanasia in the west and indicate the dilemma in which succession and development of euthanasia in China will be, providing detailed background information for the research on euthanasia issue. Through the method of analysis, comparison and explanation, the essay gives detailed interpretation of the meaning of euthanasia and elaborates euthanasia of typical types.With reference to the existing research materials,the essay defines euthanasia from the purpose, object and subject, and sets the tone for the following research.Chapter two analyses the reasonability and justifiability of euthanasia. With the controversy of euthanasia issue as the breach and the affirmation of the existence of euthanasia as the access,the essay analyses the reasonability and justifiability of euthanasia both in "ought to be" side and in "to be" side based on the conflict between morality and law. In terms of the reasonability, the essay denies the possibility of slippery slope effect of euthanasia based on the controversy between"The Limited Quality of Life Doctrine"and"Life is Sacred", as well as citation from hodegetics; in terms of justifiability, the essay confirms the harmlessness of euthanasia and affirms its benefits as well.Chapter three makes criminal-jurisprudence analysis on euthanasia. With two euthanasia cases resulted in different judgments as the breakthrough point, the essay exposes the reason and the origin of the controversy of euthanasia conviction and sentence, explores possibility of adopting euthanasia issue into criminal law system of China. On deconstruction of euthanasia issue from crime and punishment, the essay comes to the same conclusion. From the ontological perspective of crime, euthanasia doesn't possess the basic characteristics of crime, so it is unconvincing to define euthanasia behavior as a crime; from the teleology of punishment, euthanasia behavior does no harm to the society, conviction and sentencing of euthanasia behavior as a crime is inappropriate.Based on above discussion and research, Chapter four gives answer to the questions raised previously, meanwhile puts forward some consideration of legalization of euthanasia and presents the founding of legislative mode as the solution to euthanasia problems. Firstly, the essay demonstrates the necessity of legalization of euthanasia from the aspects of euthanasia behavioral norm and the patient's willingness; secondly, the essay presents the difficulties from the aspects of social morality conflicts, existing medical technology and the confusion of patients'true willingness; thirdly, the essay attempts to found the legislative modes of euthanasia in criminal law, with different modes compared and reviewed; finally, the essay innovatively proposes the extension model of legislation of euthanasia and gives some rational prospects. |
