Studies On The Constitutionality Of Legislation Of Euthanasia

Since the19th century, the subject of Euthanasia has been of worldwide controversy. Accompanied by the occurrence of a variety of Euthanasia cases, Euthanasia legislation has become an unavoidable topic for national jurisprudence. Several countries have been in the forefront of euthanasia legislation, passed euthanasia bills and given recognition to euthanasia normalised by law. Euthanasia, so far, has not been legislated in our country, and its legitimacy is not protected by the Constitution. Based on the clarified definition of Euthanasia, through the research on the judicial status of euthanasia legislation at home and abroad, this dissertation first draws that China has initially formed the environment for euthanasia legislation. From the point of view of theoretical constitutional studies, the article expounds the euthanasia legislation under the moral standards of the Constitution, proves euthanasia legislation with the right to life included in the fundamental Constitutional rights and determines the constitutionality of euthanasia legislation. With the statement on euthanasia legislation status of some countries, this paper discusses the process of the controversy about the constitutionality of euthanasia legislation. Through the process, the controversy shows varied performances, such as the ambiguity of the concept of euthanasia, the different answers to the question whether the right to life contains life autonomy, the extent of the social harm produced by euthanasia, and the possibilities of euthanasia abuse and the effectiveness of the control of deterioration, etc. For the solution of the problems in the dispute process, this article summarises that a correct understanding of euthanasia should be held, euthanasia in the legislative process, a correct understanding of euthanasia behaviour, attitudes should be strict, and the reasonable and legal methods should be taken combining the existing experiences and specific situations. From theory to practice, rational thinking is always required. We must focus on several issues in the process of euthanasia legislation of China, which are written in the paper. Ultimately, the principles of legislation restrictions are essential, including the principle of abiding by the right to life, the informed voluntary principle, and the principle of due process of law.