Abstract:
Although there is supporting voice towards active euthanasia in foreign legislation and Chinese public opinion, China's legislation and judicial practice still hold a conservative attitude. China's criminal law still treats the act of active euthanasia as intentional homicide, and the attitude of holding that attitude is according to the result of restricting people's right to self-determination under the control of legal paternalism. However, legal paternalism is moving towards soft paternalism with the change of time and deepening of theory. Although the issue of active euthanasia still cannot be treated as innocent, based on the social reality and legal characteristics of China, it is possible to express the negative evaluation of the law on active euthanasia and the tendency to forgive it by means of a lighter sentence and suspended execution in the judicial evaluation.