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Study On The Euthanasia-Dignity Death System In Korea

Posted on:2020-03-23Degree:MasterType:Thesis
Country:ChinaCandidate:X Q WuFull Text:PDF
GTID:2416330572475477Subject:Criminal Law
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In 1997,the case of Polo-Latin American Hospital in Korea set off an upsurge of discussion on dignified death.Dignified death became a topic after dinner.Dignified death is not only a basic human right,but also a respect for the right to life.In the case of the Affiliated Hospital of Yonsei University in Korea in 2008,the Korean Grand Court for the first time stipulated the general requirements for interruption of prolonged life treatment,although it is the case of the Affiliated Hospital of Yonsei University in Korea.It does not legislate death with dignity,but recognizing the legitimate and reasonable status of death with dignity in judicial practice not only promotes the development of the case law of death with dignity,but also has important significance for establishing the system of death with dignity in the future.On January 15,2018,Korea began to implement the Life-sustaining Medical Decision Act(also known as the Dignified Death Act),which means that dying patients can decide whether to continue to accept life-sustaining medical care.This law establishes the legitimacy of interruption of life-sustaining treatment,protects and respects the decision of patients at the end of their lives,and also protects the dignity and value of human beings;however,the Life-sustaining Medical Decision Law is not a perfect law.The decision of patients to abandon life-sustaining treatment is closely related to the consciousness of patients when they make decisions,and they care about patients Recognition of decisions made under different circumstances requires constant practice and improvement in the future.Our country and Korea are adjacent,and there are close economic and cultural exchanges from ancient times to present.Although the judicial system and social culture of the two countries are different,the establishment of the system of death with dignity in Korea is still worth learning and learning from.For a long time,China is very sensitive to the topic of death culture,and it is taboo to talk about death at any age.In traditional history,ancient emperors also pursued immortality,prayed for Buddha to worship gods and refine immortals,and avoided death;in ideology and culture,the traditional culture of "good filial piety first" and "good death is better than living" was deeply rooted;and in medicine,doctors were life-saving-oriented and could not help patients die.and so on.The reason why we can' t legislate and judicialize death with dignity is also a stumbling block for the progress of death culture in our country.Through studying the current system of death with dignity and related laws and regulations in Korea,this paper deeply understands the background of the establishment of the system of death with dignity in Korea,the development of relevant theories and the existing problems,puts forward its own views,and puts forward its own suggestions for the implementation of the system of death with dignity(or euthanasia)in China,hoping that it can be promoted both ideologically and legislatively.With the development of death culture,we should realize death with dignity(or euthanasia)as soon as possible.This article will discuss from the following aspects.The first part starts with the concept and classification of euthanasia,and deeply understands the concepts of active euthanasia and dignified death,as well as the differences between them.The second part studies the current system of death with dignity in Korea,and understands the background and purpose of the implementation of death with dignity in Korea,as well as the characteristics and significance of the system.It makes a simple analysis of whether China is in a position to implement the system.Finally,according to the existing problems of the present system of death with dignity in Korea and the attitude of our current society and law towards death with dignity(or euthanasia),we can get some enlightenment on the legislative practice and judicial practice of the system in our country in the future.
Keywords/Search Tags:euthanasia, death with dignity, enlightenment from legislative practice, enlightenment from judicial practice
PDF Full Text Request
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