| Survival is placed in the human heart instinct alive is everyone’s pursuit and desire. However, if a person is alive only pain, allowed to live to endure the pain persist whether the termination of life is equivalent to the respect for life yet. Whether the termination of the pain alive is a legitimate right. Therefore, euthanasia is legal to become the focus of discussion, it involves the legal, ethical, medical and ethics and other disciplines, is a complex issue. States euthanasia is legal to hold different attitudes, there are parts of the country to legalize euthanasia, but some countries still it as a crime. After1980studying Chinese scholars on various aspects of euthanasia gradually increased every year on behalf of the National People’s Congress issued a motion euthanasia legislation, but until now has not yet formed a conclusion. But whether in favor or against, everyone is put forward their views on the basis of respect for life.Development of human civilization and social progress led people also changed the outlook on death occurred. After entering the21st century, the frequent occurrence of cases of euthanasia in many countries, thus causing hot conferences and research scholars worldwide. Belonging to the right to life issues of euthanasia in constitutional law, but the interests of the right to life of which it is contained, if it contains the description of the right to life of people can freely dispose of their own lives. The traditional theory of the right to life is clear that people can not freely dispose of their own lives, not freely transferable. But I believe that the right to life includes not only the continuation of life and safety, but also includes the dignity and the end of life. Therefore, life should belong to the category of interest disposition right to life, the right to life of people dispose of their life is a right, and therefore euthanasia is legal. From the perspective of constitutional law to discuss euthanasia key point is that the life interest disposition whether the right to life, whether citizens have legitimate interests to dispose of their lives.In the world scope, euthanasia is a controversial topic, it is human society will look from health, eugenics to die, and die product. Although euthanasia by western minority of countries and regions to be recognized, but the concept was introduced into China, has also aroused intense debate, however, China’s law on euthanasia attitude continues to hold a conservative attitude. The author of euthanasia in our country legal research put forward some rough ideas. This article first analysis based on the different definition of euthanasia, expounds the classification and characteristics of the theory of euthanasia euthanasia:for euthanasia must be terminally ill, has no cure may, dying patients, mental and physical pain is great, in order to reduce the pain and not in breach of other legitimate rights and interests of the premise, voluntary let physicians to act or omission nonviolent means to accelerate its death act (a person with limited capacity for the euthanasia feature).Then the author from the legal principle theory of law on euthanasia and the right to life, liberty, euthanasia and analyzed, obtained in the absence of serious harm to the interests of the public, violating state laws under the premise, the citizens of their own right to life has some control and disposal. Then the author from the following four points of euthanasia legislation in our country was analyzed the feasibility and necessity of psychological needs, to meet the people:euthanasia euthanasia accords with social ethics and humanitarian principles, from the criminal law analysis of the nature of decriminalization of euthanasia, euthanasia and the crime of intentional homicide compared; then it introduced in the euthanasia legislation representative countries:Holland, the United States, Australia, Japan. Holland in April10,2001, the Holland Senate by46votes to28, with1abstentions results euthanasia bill passed, according to the request the termination of life and help the Dutch act (review procedures) Act, the passage of the bill to make Holland become the world’s first recognized country to legalize euthanasia. In1994, the United States of Oregon voted death with Dignity Act, means that t he state is the world’s first admitted to the legalization of euthanasia, but the United States federal law does not admit the legalization of euthanasia. Australia is the history of the earlier in the individual regions within the scope of the legislation of euthanasia among the countries. In1983South Australian adopted conditional natural death act, the law did not involve patients in what way refused medical aid, but made it clear that is not limited to written form, can be in accordance with the oral or other means of communication. Japan is one of the first to the court case form clear on the termination of life-sustaining measures, but so far, the Japanese did not form related to the legalization of euthanasia legislation. Finally from euthanasia to the applicable objects, principles, implementation, supervision procedure and the corresponding legal responsibilities and points out the specific detail the euthanasia of elements. |
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