Study On Legalization Of Euthanasia

Since the advent of euthanasia,it has generated great controversy worldwide.It is because it spans many disciplines such as law,medicine and so on that it triggers such a debate.Euthanasia is still in an illegal position in China.However,there is no uniform standard for judicial organs to grasp the scale of such cases.Some judgments consider the circumstances of such cases to be significantly minor and do not consider them to be crimes.Some judgments consider that the crime of intentional homicide should be dealt with lightly.On the one hand,the judicial organs have different judgments on the same case.On the other hand,with the rapid development of society,people's thoughts have become more and more open.More and more terminally ill patients have begun to seek euthanasia,and the call for the legalization of euthanasia has become higher and higher.Surveys have shown that in the past three decades,almost every year,representatives of the General Assembly have proposed the legalization of euthanasia.It can be said that the legalization of euthanasia has reached the time when it should be put on the agenda.From the constitutional level,the controversy of the legalization of euthanasia lies in whether citizens have the right to die.The right to life is an implicit right in the Constitution of our country,which can be divided into three rights: the right to birth,the right to survival,and the right to death.Euthanasia is the realization of the right to death.The state's obligation to protect the right to life is not to prevent patients from realizing this right,but to standardize this right in the process of realizing it through legislation,law enforcement and other means,so as to prevent illegal infringement of the rights of patients by third parties.Combined with the legislative experience of extraterritorial euthanasia and the actual situation of our country,the legalization of euthanasia in our country should follow the principles of legal retention,due process and proportion,and should be strictly restricted in the qualification of applicants,examination and execution procedures,at the same time,the abuse of euthanasia should be strictly restricted through administrative supervision,criminal judicial procedures and other safeguards.