The Hard Choice Between Reality And Law-Euthanasia

Euthanasia is a complicated social problem which involves many different disciplines such as ethnics, medicine, law, etc. The author first made descriptions about the definition, attribution, history of euthanasia and distinguished the difference between euthanasia and other relevant terms, and then attempted to discuss the impact on the traditional theory in those mentioned fields posed by the increasing euthanasia. After doing that, the author put his eye on China, analyzed all kinds of troubles arisen from the decriminalization of euthanasia under current circumstance in China. By analyzing the conflict between reality and law posed by euthanasia, the author concluded that there are some inherent limitations in law. To ease the tension between law and reality resulting from limitation of law, we need find a solution in law. Therefore, besides the introduction and conclusion, the article was divided into four chapters to explain all these contents mentioned above.The first chapter comprised two sections. The first section in this chapter seemed a little numerous and jumbled. It elucidated the conception, attribution, basic classification of euthanasia and the difference from suicide, suicide aid, natural death, death with dignity respectively. The author generated some unique viewpoints after analyzed these issues mentioned above. The second section expounded the evolutional process of euthanasia by narrating the historic origin of euthanasia, the progress and status quo of euthanasia in foreign country, the status quo of euthanasia in China respectively.The second chapter is the hard-core part in the whole article. It used four sections to analyze the challenge faced by four disciplines, i.e. life ethics, medical ethics, nomology, criminal law and finally drew a conclusion that euthanasia could achieve the goal of decriminalization theoretically.From the standpoint of reality, the third chapter explained the resistance posed by the following three factors in China: the present developing level of politics,economy,medical treatment, the traditional ethic which surrounds filial piety, the legislative environment and skills. It shows that the decriminalization of euthanasia in practice is still a long way to go.Based on the summary of all these three chapters mentioned above, the fourth chapter reached its talon to the law's limitation, clarified the reason of lag nature in law and came up with the solution to solve the embarrassing situation which euthanasia faced. Moreover, finding the way to solve all dilemmatic social problems existing in law and reality is to set up innovative system similar to precedent system and to cultivate high-caliber human resource in judicial team.