很多病人处于临终状态且不可恢复,但医疗行为却在维持着他们的生命,而这种做法已经没有意义,他们想终止治疗行为自然地等待死亡,这就是“尊严死”。关于尊严死的性质和合法性有多种学说且一直存在争议。本文认为,尊严死的合法性依据来源于患者的死亡权、自主决定权以及人道主义等方面,但尊严死的合法化也会带来患者亲属利用尊严死的漏洞变相实施杀人行为但难以规制、医患矛盾加剧等问题。对尊严死通过立法明确合法性,但在司法实践中可以将其做非犯罪化处理,当临终患者明确表示放弃医疗时,医生停止医疗的行为不符合故意杀人罪的构成要件,而当患者陷入昏迷无法进行意思表示时,可以认为缺乏期待可能性排除犯罪化,但实施尊严死必须要有严格的限制。 Many patients are dying and can not be resumed, but medical practices are in the process of sustaining their lives, and this practice is meaningless. They want to terminate the treatment and naturally wait for death. This is Death Dignity. There are many doctrines of the nature and legitimacy of dignity and there has been controversy. This article argues that the legitimacy of dignity to death from the patient’s right to death, autonomy and humanitarian aspects, but the legalization of dignity will also lead to relatives of patients using dignified dead loopholes in disguise to implement murderous but difficult to regulate, Contradictions between doctors and patients and other issues. The death penalty for dignity is clearly legally established through legislation but can be non-criminalized in judicial practice. When the dying patient explicitly renounces medical treatment, the doctor’s medical stoppage does not meet the requirement of intentional homicide and when the patient falls into When unconsciousness can not be expressed in meaning, the lack of expectation possibility can be considered as excluding criminalization, but there must be strict restrictions on the dignity of death.