On The Legalization Of Euthanasia From The Perspective Of Constitution

Since the emergence of euthanasia,it has triggered a discussion from various scholars.It is involved in ethics,medicine,law and many other disciplines,meanwhile it is controversial because of his complexity so far.At present,euthanasia is still illegal in China and has been controversial in academic circles.From the frequent euthanasia events in the society,this kind of characterization has caused many bad consequences from ethics and morality and caused opposite opinions from quite a few people.Therefore the characterization of euthanasia has lagged behind the development of society in a certain extent,which is unable to meet the needs of the community.Some countries have taken euthanasia into the legal areas,the legalization of euthanasia has become a trend in future.This article attempts to explore the legalization of euthanasia from a perspective of law-the constitutional point of view.Firstly,controversy incarnates in the concept on euthanasia.This paper by summarizing the different views of scholars summed up the necessary attributes of establishing euthanasia and specifically define the scope of object in euthanasia in order to excluded involuntary euthanasia which is liable to be confused with euthanasia and general euthanasia that its objects are vegetative man,severe psychiatric and severe disability people.Finally,by comparing euthanasia with the most typical dignity death in order to distinguish their differences and definite the concept of euthanasia more clearly.Secondly,debate of euthanasia reflects in the legitimacy.Some countries or parts have legislated euthanasia,and their legislative model are different,available for reference for euthanasia legislation of China.In contrast,considering research status quo of euthanasia in our country,in the practice the demand of euthanasia is more and more intense.But in theory there are constitutionality problem to be solved:whether individuals shall have the right to death,whether euthanasia is conflict with the state protected compulsory,whether euthanasia is to protect the rignt to the ana human dignity.There are problems reiatea to the constitution,because the most fundamental is the different understanding of the right to life:different scholars on the different interpretation of the right to life.Some scholars think the right to life is absolute and protected by the state of absolute,which anyone can't decide life and death issues,so individuals have no right to choose death and euthanasia violates the national protection obligation.Euthanasia conflicts with the right to life,is a violation of the right to life and eliminates the personality dignity.While this paper think that the right to life is relative,the obligation of protecting the right to life is to require the state protect in addition to other than the third party infringement.Individuals shall have the right to choose death,which has the constitutional foundation.Euthanasia does not conflict with the right to life.So this article demonstrate the right to life from connotation,nature,the protection of the state obligations,etc,in order to provide the constitutional basis for the legalization of euthanasia.With the need of the practice and theoretical support,based on drawing lessons from foreign legislative experience and combining the actual situation of our country,this paper introduces the legislation of euthanasia in China and clears specifically euthanasia application conditions,implementation of the way and the main body,and the implementation of euthanasia.Meanwhile the action of strictly restrict euthanasia abuse and explicit a few not euthanasia which will be subject to criminal penalties.Of course,any legislation should follow the principles of the constitution and must follow the principle of retaining law,abiding the principle of the right to life,rightful process principles in the process of euthanasia legislation.