Jurisprudential Thinking On "Euthanasia" Issue--Research From The Perspective Of The Right To Die

"Euthanasia" is an existing generally issue in present society. The action of "euthanasia" is relevant to the argument of a significant principle, the protection to the right of life of the patient, furthermore, in the process of performing the action of "euthanasia", the authentication of law responsibility of the relevant doctors and medical organizations also exists, which concerns many concepts, such as philosophy, sociology, ethics, law and the modern medical science. Therefore, from the day when the action "euthanasia" appears, the issue on the rationality and legitimateness of the existence of "euthanasia" has been persistently argued drastically. In the course of argument, the various views clearly form two tit-for-tat schools: the school of approving "euthanasia" and the school of disapproving "euthanasia".I. The argument on the action of "euthanasia"The word "euthanasia" stemmed from the old Greek "euthanasia" whose original intention is: one refers to the non-painful death; the other refers to the non-painful mortal healing technique. The action of "euthanasia" has four characteristics according to the various descriptions on it: the first, the target of "euthanasia" is the patient who is suffering the incurable disease, cannot bear the suffering, hopelessly restores health and is on verge of death; the second, the action of "euthanasia" refers to ending the life of a patient with the aid of other hands; the third, the intention of the action of "euthanasia" is terminating the unendurable suffering of a patient to make the patient die in the serene state; the fourth, the performance of the action of "euthanasia" should be on the basis of the request and agreement of the patient himself or herself, and should not go against the true will of the patient himself or herself. The views of approving "euthanasia" are mainly: the theory of "the quality of life", the theory of "the value of life", the theory of "the endowed right", the theory of "the limited resources", the theory of "the new medical ethics" and the theory of "humanism"; the views of disapproving "euthanasia" are mainly: the theory of "life is sacred", the theory of "humanism", the theory of "the traditional medical ethics", the theory of "violating the ethics", the theory of "impeding the development of medical science", the theory of "being inconsistent with the national conditions" and the theory of "the dangerous precedent".II. The analysis on the rationality and legitimateness of the right(I) The analysis on the rationality The view of disapproving "euthanasia" takes the concept that life is sacred in ethics as the prerequisite, and portrays that any people all have no rights to end other life illegally by any method or reason. The person of disapproving "euthanasia" makes a mistake of absolutism on the above-mentioned issue because the kind of view of disapproving "euthanasia" absolutely emphasizes that we all should maintain the present life in any condition, but in reality, people have changed the concept on death along with the advancement of the degree of the social civilization, meanwhile, the view of disapproving "euthanasia" always limits the right of free selection of individual by the abstract fixed ethical purpose.From the angle of humanism, people ordinarily take loving people, caring for people, respecting the value of people and protecting the right of people, etc. as the requirements of humanism in the development of modern ethical morality. However, as a matter of fact, if it is permitted that the doctor performs "euthanasia" by the will of the patient to make the patient die by non-painful serene way in the process of death of the patient, that just truly conforms to the view of humanism of "treating all the people well and loving all the people".From the angle of the character and dignity of people, "euthanasia" is a kind of means to help the patient get rid of the torment of suffering and defend the dignity of life of the patient.