Study Of Euthanasia Legislation

As a cross-disciplinary theory, euthanasia concerns several fields of subjects such as medicine, law, bioethics, sociology ,etc. It is fiercely controversial on the legitimation of euthanasia at present. With regard to the foundamental issues and the feasibility of euthanasia in our country,we could analyse them from four respects:Part one mainly involves the introduction on the basic theoretical issues of euthanasia. Through the analysis of the concept and main features of euthanasia, we can know the essence, purpose, suitable target and implemental conditions of euthanasia.Also,academic circles classified euthanasia in defferent criterion,although there exist unilateralism and absolutization in eath of them.In addition, in this part we could know the history of euthanasia both at home and abroad, which established foundations for the further study. The second part is one of the most important parts.Through the ananlysis of three respects, we can draw a conclusion that euthanasia is legitimate theoretically. First of all, in terms of law principles, according to the independent principle of life, in extreme pain,the patient who is close to the death with an incurable disease should have the right of self-determination of euthanasia.In order to safeguard his legitimate rights and dignity of death, this right should be respected and protected as one of the basic human rights; Secondly, in terms of criminal law,the practice of euthanasia should not be thought as a criminal action according to essential characteristics and the value goal of criminal law,and we also should draw reference from the "theory of ground for elimination of illegitimacy" and "theory of probability of anticipation" in criminal constituency theory in the continental law system ; Moreover, in terms of bioethics, the implement of euthanasia has reflected the attention to the quality and the value of life, and does not violate medical humanitarianism.In part three,according to a large amount of data and materials, the implement of euthanasia has been on for a long time in concealed or open way in our country, and the number who supports euthanasia is growing, So,our society has processed certine conditions for the legitimation of euthanasia.However ,the analysis in the last part indicates that it is lack of realistic feasibility of euthanasia implement in our country. According to social conditions , legislative environments and civilizing levels , because of the constraint of traditional ethics and values, the ideas of people need to change , and it will take a long time to understand and accept the ideas of euthanasia; From the point of view of patient's interests, because of the limitation of medical research levels, we have not reached general consent to the judging standards of the death and euthanasia.There are potential safety hazards to implement euthanasia, and the patient's will and right of self-determination are unable to ensure. The above-mentioned difficulties indicate at present it is lack of the conditions and foundation for the legislation of euthanasia in our country. In order to promote euthanasia to realize the legitimation of euthanasia as soon as possible,we are supposed to pursue in further study on euthanasia question and strengthen the propaganda on euthanasia.