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Study On The Legalization Of Euthanasia In China

Posted on:2016-05-31Degree:MasterType:Thesis
Country:ChinaCandidate:H S ZhangFull Text:PDF
GTID:2296330470478794Subject:Law
Abstract/Summary:PDF Full Text Request
Euthanasia, since its emergence, has always been controversial. The main point is that it breaks the natural cycle of life, as in the tradition, life ends with natural death. Euthanasia has both complexity of medical disciplines and great challenges in practice. On the one hand, with the development of science and technology, the terminally ill patient can keep alive on life support machines. However, they suffer from unbearable pain which healthy individuals cannot understand. On the other hand, with the aware of rights improving and the voice of guarantee of human rights gradually rising, when the cognition of death conception has changed fundamentally, the patients have rights to choose continuing treatment or ending their lives. It is the two reasons that the euthanasia arise the concerns of the public, and also impacts traditional moral values, philosophy and legal norms.Euthanasia is already not a problem that we can avoid, in the analysis of euthanasia, the right to life to explore the essence in this matter from a constitutional point of view. Constitution can no longer stay on the comb and the description of the history of the value of the Constitution to provide an effective interpretation methods and solutions to solve complex practical and raised the most acute legal issues. When addressing the issue of euthanasia Constitution we need to provide a hinterland, providing point.Compared legislation developments of other countries worldwide, the difference of legislation developments offer rational theory to the academic field, the Netherlands as the first country to legislate euthanasia, many procedural design worthy of our reference. US special national institutions, cause not all states recognize euthanasia, only three states conditional on euthanasia legislation; Japan, as our neighboring countries, the legislative process is worth learning, although Japan did not carry out euthanasia legal Legislation, but the precedent case of euthanasia cases in Japan formed to follow for future decision.The writer holds the view that the government should find the solution of the euthanasia controversy, instead of avoiding it. Only in this way it can overcome the confusion on rational reasons.By collecting information from the existing academic research, and analyzing data from different angles, the article defined and classified euthanasia from the view of the constitution. In addition, it analyzes the status of euthanasia and whether it has conflicted the basic rights of constitution. In this day and age, a lot of problems are worldwide. Although the political system, tradition of culture and value concept is very different, some of regulation can be shared. So by the compare of legislative condition of euthanasia in different countries, it shows the problem of legal system in China. Furthermore, by using the legislative experience on the rule of euthanasia in foreign countries for reference, it offers theoretic support and reasonable assumption to the legalizing euthanasia in China.
Keywords/Search Tags:euthanasia, life right, Legislative Assumption
PDF Full Text Request
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