对“安乐死”立法的思考

On the Legislation of Euthanasia

安乐死是否违法我国并没有明确的法律规定 ,但安乐死在我国越来越多的地方在被悄悄地执行。立法的空白使得司法机关对这种事情采取了不告不理的态度。文章从法的规范功能谈了安乐死立法的必要性 ,并对立法的框架做了构想 ,分析了立法中的难点。立法虽有难度但行为必须得到规范 。

There are no laws currently in force that stipulate the legitimacy of euthanasia in China, however, euthanasia has been practiced in more and more places stealthily. The absence of the relevant laws has excused the judiciary authorities form taking any judicial actions against this practice. The author elaborated on the necessity of the legislation on euthanasia from the prospective of the regulating function of laws, and proposed the framework of the legislation with the analysis on the difficulties in lawmaking. The lawmaking process is difficult but behaviors must be standardized in compliance with laws.