放弃治疗的非犯罪化研究-刑法学专业论文.docx

PAGE PAGE VI Abstract Abandoning therapy is a common phenomenon for various places in the world. According to its implementation in different occasions, sometimes it would relate to people’s right to live directly. However, mostly, for it is based on some unchangeable facts( like incurable disease) , most of the countries take a passive attitude and seldom supervise the behavior with corresponding laws. With the development of society, the social values is also changing. In recent years, there are more and more social events have been appeared because of the abandoning therapy behaviors. The disputes social problems such as how to place the abandoning treatment and whether it should be turned into legalized from the present uncared-for situation are more and more being attached attention to. To the decriminalization of abandoning therapy, solely with the current constitute four elements of committing crimes in China are not able to fully solve problems for this social moral contacting closely behavior. We should focus on the objective zurechungs such as illegality, conformity, accountability, give consideration to the value of modern criminal law and the aim of penalty and give a all-round thoroughly discussion to the theoretical foundation of decriminalization of abandoning therapy. According to the common tolerant attitude to the abandoning therapy in our country as well as the reference of foreign research and its implementation on abandoning therapy, we can give a realistic foundation analysis and a further discussion on legalization and feasibility of abandoning therapy in China . Key words: abandoning therapy; euthanasia passively; decriminalization; legalization 目 录 摘 要III 第 1 章 绪论1 1.1 选题背景及意义 1 1.2 国内外研究状况 2 1.3 主要研究内容与方法 2 1.3.1 主要研究内容 2 1.3.2 主要研究方法 2 第 2 章 放弃治疗行为的属性4 2.1 放弃治疗概述 4 2.2 放弃治疗的罪与非罪 4 2.2.1 生命权侵犯说 4 2.2.2 社会秩序侵犯说 5 2.2.3 抚养义务违反说 5 2.2.4 生命质量维护说 5 2.2.5 社会危害性欠缺说 5 2.3 放弃治疗的构成要件 6 2.3.1 放弃治疗的犯罪构成四要件分析 6 2.3.2 放弃治疗构罪理论的缺陷7 2.4 从安乐死的角度看放弃治疗 9 2