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      • 중국의 안락사 입법을 위한 형법적 연구

        자오디 청주대학교 대학원 2009 국내석사

        RANK : 232383

        In 1980s Euthanasia was known by Chinese people in pace with reform and opening. In June, 1988 the first Euthanasia case in Hanzhong city, Shaanxi province of China triggered a heated discussion on Euthanasia in society. In 1994 a seminar of the second national academic research on Euthanasia and Hospice was opened in Shanghai. In March, 1996 a proposal for Euthanasia is drawn up in the 4th meeting of the 8th NPC. In 2003 Chinese Academy of Engineering Academician, famous neurosurgery specialist, Wang Zhongcheng and other representatives tabled a proposal during the NPC that Beijing takes the lead to try out Euthanasia and later with its experience try Euthanasia widely. Though Euthanasia cannot be legalized in China until today, discussion, research and practice have already been started. By now, the Euthanasia legalization of the Netherlands, the Karen Ann Quinlan case of the United States, the Boramae hospital case of South Korea, the doctor ethic manual made by Korean Doctor Association and so on become a turning point that not only medical circle, law circle and academic circle but also common nations concentrate on Euthanasia. It may be a good chance to reach an social agreement on the discussion of Euthanasia. Therefore, this master's thesis takes aim at making a proposal for the future enactment of Euthanasia by comparing various Euthanasia laws in world, especially South Korean legislation. This master's thesis consists of 7 chapters which are based on the comparative point of view with regard to the future enactment of Euthanasia in China. In chapter 1 both the method of this research, that is, a comparative legal research method, and the range of this research are presented. In chapter 2, for the next research for Euthanasia enactment from the comparative point of view, various concepts of Euthanasia are presented and a distinct one is determined. By inspection on the related judicial precedent and legislation trend in each country (chapter 3), Euthanasia allowable conditions in aspects of criminal law (chapter 4). In the following step (chapter 5), my thesis presents the direction how to treat the Euthanasia problem between life and death, especially according to the 4 types of Euthanasia. In chapter 6, finally my thesis is trying to propose the Chinese Euthanasia legislation model which is composed of strict factors based on Chinese national conditions to legalizes Euthanasia in limited areas. 〈Key Words〉 : euthanasia, euthanasia in China, legislative of euthanasia, right of life, right of self-decision, treatment break.

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