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The Feasibility Of Legislation For Protecting Euthanasia

Posted on:2013-02-12Degree:MasterType:Thesis
Country:ChinaCandidate:Y WangFull Text:PDF
GTID:2256330425450459Subject:Civil and commercial law
Abstract/Summary:PDF Full Text Request
Although there are many scholars do the research of euthanasia,they actually havethe debate based on the concept of euthanasia,therefore,the research on the legislation ofeuthanasia should be based on the serious concepts of euthanasia. According to differentdictionaries,different scholars’ definition to euthanasia, the author thinks euthanasia isfrom the humanitarian spirit consideration, according to the patient’s voluntary, inorder to eliminate patients’ mortally physical and mental pain caused by illness, doctorsdo the implementation of euthanasia behavior. Scholars has a different argument on thequestion of that weather euthanasia legislation in our country is feasible or not.Thereason for those who support euthanasia legislation or those who does not supporteuthanasia legislation mostly based on the characteristics of euthanasia itself,and Ithink,this question needs to be discussed from a certain Angle to draw firmconclusions.Many scholars says euthanasia needs patients’ voluntary, the purpose isgood, but weather they have the right to say "yes" or not,that is a question worthdiscussing,too.Firstly,the rule of autonomy of civil law (traditional civil law sometimescalled freewill principle) has it’s scope to be applied. However, according to thetraditional civil law,there is not a part in civil law can we see "euthanasia",so we need tofind it.In civil law to definition of the right of life has been debated a lot,the famousscholar named wang liming have written in his book like this:"a person has a limitedright to life ",if he is true,then the right to euthanasia is concluded by the right tolife.The author thinks that even if the right of life can’t contain it,the general personalityright can also explain it,because thy have unity within close contact:first of all,theeuthanasia cares the patients’ autonomy, and the the foundation of autonomy isindependent personality and personality free,so euthanasia and general personality rightare mutual echo on the two contents before;moreover, euthanasia is based onhumanitarian consideration,in order to make patients die with dignity and theirrequirements of the existence, its purpose is to protect a general personality right. Reasonable legislation is to overcome the difficulty what is many sociologists, legalperson thought when legislative protection of the right of euthanasia. Reasonablelegislation with strict and meticulous procedure guarantee the reality of patients’euthanasia meaning, to distinguish between euthanasia meaning representation andother meaning’s with considering social, ethical, religious and other many factors set onsome specific program.So,the rule of autonomy of civil law is applicable to euthanasia which is a majorchallenge.Therefore,the legislation is to connect a bridge between them,making peopleknow what they can do and what they cannot do.
Keywords/Search Tags:euthanasia, party autonomy, legislation
PDF Full Text Request
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