Study On The Right Of Physician Assisted-suicide

"When I die,I'd like to die out in the sunshine."——Terry PratchettDeath is inevitable,everyone has imagined death situation more or less,and everyone has an ideal manner of death in his or her mind.This longing of good death,after the great achievement in medical technical,has caught the world's concern again.This concern extends from the concern on terminal patient' rights to anybody's coming death,this concern is centered on the right of the time and manner of death,this concern is a concern about how to finish a perfect paper of life.The most important problem in this area at present is whether patients have rights to die under the doctor's assistance.This problem is the theme what this paper deals with——physician assisted-suicide.The study on the right of PAS is due to the concern of the right to die.The purpose of this paper is:with the ageing of population and the increasing of difficult miscellaneous diseases,the demand for achieving euthanasia is also growing.As a means to fulfill this demand,PAS is still beyond the scale of law.This neglect is dangerous,although it is not the best time to enact a law to legalize PAS in China,there are preparations can be done.Legislators should carry out some national periodic surveys with all circles in society,on the feasibility and necessity of legislation of PAS,in order to lead and promote the legislation process of PAS.These works will promote the transformation in public opinions,which could hasten the legislation.This paper will distinct some ambiguous concepts,and provide theory supports for the legislation of PAS.The core idea of this paper is:if the right to die is an entity right around the patient's decision to maintain or give up his own life,as one of the ways to realize the right to die,the right of PAS is essentially a procedural right.The nature of this procedural right is both of the right of freedom and the right of claim,which are summarized by the American jurist Hohfeld.This right is the procedural guarantee for patients to realize death right.Although there are some restrictions to exercise the right,it has some independent value.As a procedural right,it is so important that it must be a legal right in countries which has legalized death right.How could an obligatory right be a legal right?What conditions should be met?Based on the analysis of the legal process of PAS in Netherlands,The paper summarizes several important conditions,these conditions are essential to realization of the legalization of PAS in any country.At last,this paper found that the practice of Chinese does not meet the above conditions,but this is not the reason why we should give up this right,there are still some work can be done to help achieve this process.This paper mainly uses the methods of semantic analysis,theoretical analysis,comparative analysis and literature analysis.Firstly,I choose semantic analysis to distinct PAS from other ambiguous concepts,and confirm the research object of this paper.Secondly,Use the right theory of Hohfeld to analyze the nature of PAS.Thirdly,through the comparative analysis of PAS regulations in Netherlands,Belgium and Luxemburg,summarize the conditions of PAS,this paper also use the literature analysis method,and arrange a large number of materials,to support the author's argument.