Legislation Of Euthanasia:Chinese Approach In The Perspective Of Comparative Law

Euthanasia has been one of the hot, difficult problems in the field of criminal law. The traditional focus on the general for euthanasia and physicochemical and legal issues, the legislative technique and this paper is mainly devoted to the discussion of euthanasia. In this paper the first part firstly by case study method, through the introduction of Holland, Belgium, euthanasia law in Taiwan area of our country and in the mainland of China, I wish Shine version and the Li Yan two edition euthanasia hair proposal draft, a total of five text to explore the euthanasia legislation, legislation origin, induction strip structure, analysis of the legislative characteristics, establish the empirical the foundation for further analysis and comparison. The second part of this paper with the method of comparative law analysis tool, first discusses the five part can be used for reference in the text of the euthanasia legislation rules, then the five reflection on euthanasia legislation in the text carelessly reasonable or not should adopt rules. From the perspective of reference rules, this paper advocates the strategy of euthanasia legislation, legislation of euthanasia in China should start from passive euthanasia law; implementation condition in euthanasia, euthanasia should be targeting unbearable physical pain in adult patients, and must obtain the consent of the objects of euthanasia consent or prior consent; in the euthanasia legislation technology, of euthanasia in China the legislation should set up a definition clause, and the clause of criminal law of cohesion. From the perspective of reflection on the problems, this paper advocates after the administrative review procedures do not meet the conditions of our country, or unauthorized clinicians implement existing role conflict of euthanasia by forensic, the formulation of euthanasia in our country this two modes should be creative transformation. In the third part of the paper, in order to solve the reflection in the second part of the problem, this paper introduces method of integration of criminal, criminal law combined with China forced medical procedures and the injection death penalty procedure, construction has Chinese characteristics easy death before the procedure of judicial review and authorization clinicians euthanasia program. To explore the issue of euthanasia in the method of integration of criminal who has not yet been found in the existing literature, also did not find the construction of euthanasia review to forced medical procedures and injections program implementation procedures, the viewpoint of this paper first view.