Is Death A Rights?

At present, with regard to the concept of euthanasia, although the current notion summarized some main features of euthanasia. Academic circles have not reached general consent to three main questions as follows: the extension of euthanasia of the patient's agony; the patient's scope of angency and the criterion of incurable disrease.The author holds the "dual theory of euthansia", the patient suffered both physical and mental pain. In order to resolve the problem of the patient's agent right, the author's opinion is that euthanasia must be separated from "dignity death" and different legal mechanism should be adopted accordingly.The practice of euthanasia is thought an a criminal by Chinese criminal jurisprudence, the sticking point is the theory of four elements indispensable to constitute a crime. In order to resolve the problem of exclusion of crime and non-punishment during a practice of euthanasia, we should draw reference from "the theory of ground for elimination of illegitimacy " in criminal constituency theory in the continental law system. From the point of the form with which the patient apply for euthanasia voluntarily and actively, we can find factual basis of the deficiency of legal interests in the patients' right of life. Further we can draw a conclusion that the reason why the patients give up their lives is that they are fulfilling negative safeguard on their economic "vested interest" and "interest in expectancy".It has legalized and opened up the new way for euthanasia. Although,the proposition of the new way is not that the demand euthanasia behavior is legalized immediately , just want to offer strength in the process of the legislation of legitimation euthanasia.