Analysis Of The Voluntary Assisted Dying Act In Victoria And Its Implications For China

The Voluntary Assisted Dying Act,which came into effect on June 19,2019 in Victoria,Australia,is the latest active euthanasia bill in today's society and is the most detailed bill on the legal entity and procedure for euthanasia to date.The author has translated the Voluntary Assisted Dying Act in Victoria,which provides a new legal reference for the discussion of euthanasia.This thesis first outlines the legislative process of the Voluntary Assisted Dying Act in Victoria and analyzes the reasons behind the legislation.Secondly,details the content of the Victoria's Voluntary Assisted Dying Act: conditions for obtaining voluntary assisted dying,the application and licensing system of voluntary assisted dying,the acquisition and supervision for voluntary assisted dying,the supervision committee system for voluntary assisted dying,definition of crime and revision of relevant laws.Then,combined with the problems encountered in the euthanasia legislation and law implementation process of other countries,this thesis summarizes the legislation experience of the Voluntary Assisted Dying Act in legal transplantation and analyzes the legislative flaws of the bill.The latest and systematic of the Voluntary Assisted Dying Act in Victoria is commendable and learnable,but it should be kept in mind that the law in other countries should not be copied indiscriminately.In the process of legal transplantation,attention should be paid to the country 's social development stage as well as specific national conditions.The mature legislative conditions lay the groundwork for the implementation of Voluntary Assisted Dying Act in Victoria: such as a munificent economic foundation,a complete social security system,a systematic medical security system,a high level of palliative care conditions,a complete legal system,and advanced social values.China is a country with a large population and a multi-ethnic cultural integration.However,the conditions for legislation are not yet mature considering the relatively low per capita economic level,the contradiction between doctors and patients,and the deeply-rooted social stereotype.Therefore,in view of the current economic and cultural situation in our country,it is too reckless to carry out euthanasia legislation and implementation on a large scale in all aspects.At present,our country is not unfit for euthanasia legislation.However,with the continuous development of society,according to the maturity of the legislative conditions,two stages can be applied to the implementation of the legislation: in the first stage: when the conditions are initially mature,a special mitigation mode can be adopted;in the second stage: when the conditions are fully mature,we still have to be cautious and adopt a pilot approach.In terms of the specific content of the legislation in the pilot areas,we must define the applicable conditions clearly,formulate strict approval procedures,formulate strict various supervision clauses,and define legal responsibilities strictly.