关键词:  安乐死；非犯罪性；故意杀人；阻却违法事由；期待可能性

Abstract:

 Although, formally, euthanasia is similar to intentional homicide, they are quite different in nature. Euthanasia should not be taken as a criminal act. Based on the justification for inhibition of crimes and the justification for inhibition of responsibility in the mainland law system, this essay goes further to make an approach to China' s theoretical basis of the noncriminal nature of euthanasia. Judging by predominant law interest and purpose, or by social worthiness action, we can find a justification for inhibition of crimes in euthanasia. When we make an analysis of euthanasia actors by expectant possibility, we can not expect the patient' s choice of normative natural death or the doctor' s lack of sympathy in face of the patient' s extreme sufferings. Euthanasia is a helpless action, without expectant possibility. It is a justification for inhibition of responsibility. Euthanasia has a nature of noncriminal action.

Key words:  euthanasia; noncriminal; intentional homicide; justification for inhibition of responsibility; expectant possibility