On The Legalization Of Euthanasia

At present, quite a number of foreign countries have given a clear status to euthanasia through the way of legislation. The process of legalization of euthanasia is also being debated drastically by all social circles in China. Euthanasia is an extremely complex issue of medical science and law, also, it's a very sensitive issue of social ethics, which directly related to the benefits and conflicts of the individual, family, and the society.In fact confronting the issue of euthanasia, it has never been out of the traditional moral and legal circle. This thesis is also the same.Currently, more and more people approve of the legalization of euthanasia. However, its illegalization leads to its abuse and its implement is now in utter disorder, which make judicial execution further difficult. The law should be people-oriented. So this thesis approve of the legalization of euthanasia and hopes to formulate its detailed procedures through law-making process, so as to achieve the realization of life and social values.This thesis attempts to discussed the issue of legalization of euthanasia. It mainly analyses from four aspects. Part one:Overview of euthanasia. It introduce the connotation and classification of euthanasia at first; then introduce the development and the controversy of euthanasia. Part two:Analysis of the legality of euthanasia from the perspective of philosophy, ethics and the theory of criminal law. This part is important. Euthanasia agrees with people's life value concept. People has right autonomy of his own life. Euthanasia respects people's personality and dignity. Then euthanasia agrees with modem medical ethics and social ethics. Lastly, the action of euthanasia doesn't have the substantive characteristics of crime, and also, it is one of the affirmative defenses and agrees with the theory of anticipated possibility. The legalization of euthanasia is propitious to the purpose of criminal punishment. Part three: Analysis of the status of euthanasia and the difficulty of legalization in our country. The traditional ethics and morality obstructs the process of euthanasia legalization. We haven't the economic foundation, medical treatment and medical quality to fulfill euthanasia legalization. We haven't enough theoretical research on euthanasia. And the legislation environment of euthanasia should be improved. Part four:Relevant measures of legalization of euthanasia. This is the nucleus of this thesis. It puts forward the fundamental principle of euthanasia legislation, the restrictions and supervision of the action of euthanasia and the legal responsibility of illegal action of euthanasia.