Thinking From Science Of Civil Law On Euthanasia

Euthanasia is a dispute topic in the field of the world.Chinese academic circle began the discussions on it in the 1980's reasons of why there are so many difference,because of scholars' different points about life and the limitation of citizens budget their lives.These difference express on civil law is whether natural person have right to abandon their lives.This right also can be called "autonomous right of life".The paper points out in the first part that euthanasia is an easy death for dying patients who suffering from incurable disease;or being an unwake "plant men",that doctors take on a humansistic way on the request of the patients themselves of their relatives.There are different viewpoints about euthanasia:approve or against. The reason of these difference is because of different points about life and right of life.And then the paper analyses in the second part that the essence of right of life and the fundament of legalization of euthanasia in the civil law.The right of life is a right of dignity for the safe guard of natural person,a right of hegemony over their lives.The autonomous right of life and the protect of dignity of life are the foundation of legalization of euthanasia in the civil law.Those are who suffering from incurable disease with clear consciousness choose euthanasia to exercise their autonomous right of life.The other who have yet decided to choose euthanasia by themselves lying without any consciousness should be allowed to make it by their relatives to keep the dignity of life.The paper in the third part and the fourth part refer that the lawmaking of euthanasia is to protect the right of life. By discussing the active one and passive one in different countries, and analysing their statute law and case law on euthanasia,this paper points out that it is necessary to set up legislation of euthanasia in China because of its objective existence and demand.