The Research Of Criminal Law On Active Euthanasia

Die or not, this is a problem. This is a legal issue.Since a man came to the world, death isinevitable. When a person finally could not bear the pain of the raw and ready to heroic deaths,whether he really has the rights and freedoms of the dead or not,is a problem. Euthanasiarapidly spread to all over the world since it take place in the British,People engaged in afierce debate on euthanasia. Active euthanasia as the most typical kind of euthanasia, as adying man to choose the way to end their lives, its legitimacy has been questioned.Nevertheless, active euthanasia still occurred around the world, so, active euthanasia,isworthy of our attention and focus on.In June1986, Ming cheng Wang and lian sheng pu ’s intentional homicide is the firsteuthanasia events in china. It happens in hanzhong,shanxi province.After six years of trial,finally the Supreme People’s Court judge that Wang, Pu’s behavior is not dealt with asoffenders. But then, in early June2008,43-year-old farmers Peng Cheng euthanasiaZhen-Ying Ke who is his wife in Huangshi, Hubei, May30,2011, Jian Ming Dengeuthanasia his mother, parties are identified as intentional homicide, and penalties. For a time,tongues wagged. Criminal law scholars also engaged in a fierce debate, but they can not reachconsensus on active euthanasia qualitative. the legislation is vague and different judicialpractice referee,it is seriously damage to the authority and dignity of the law, It is bound tohave a certain impact on social stability.This text is divided into five parts, about20,000words or so, which reads:The first part of cause of action: the case of this study illustrate the case of hong cheneuthanasia his mother in chongqing.The second part is the introduction of the essential case.The third part is the central issue of case, this section lists the main focus of theprosecution and defense issues debate, such as whether hong chen’s behavior is acrime,whether or not he should be punished.The fourth part is analysis and discussion. And this part is the key of the article.Itincludes the following aspect:First, to clarify the concept of euthanasia. The concept ofeuthanasia, active euthanasia, concepts and features of active euthanasia and passiveeuthanasia, the difference between active euthanasia and intentional homicide. Second, Analysis of the nature of the act of Hongchen euthanasia his mother. Hong Chen euthanasia isa deliberate killings, the victims commitment theory can not be applicable, the behavior ofHong Chen contrary to China’s traditional culture, the moral and ethical. Third, Chen Hongsentencing considerations. the plot should be considered to sentencing with Hong Chen’sBehavior, Chen Hong’s give himself up to law. the Hong Chen’s behaviors do litter harmful tosociety, Hong Chen behaviors has a small Dangerousness,public opinion should beconsidered in sentencing.The fifth part is the conclusions of this study. This part includes a summary of the case,and then put forward that the active euthanasia should be implemented as a noncrime in thelaw. and then propose actively constructing of system design and implementation to activeeuthanasia.