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Research Of Euthanasia Legal Control

Posted on:2021-12-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y H ZhangFull Text:PDF
GTID:2506306107984169Subject:Law
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Although euthanasia is no longer a new topic,the issue of euthanasia law control is still relatively new.The reason why there are huge controversy and discussion in various fields is that euthanasia involves many disciplines such as medicine,law,and ethics.From a medical point of view,euthanasia already has mature and stable medical technology as a support,and the application of euthanasia has already been operable.Jurisprudentially,euthanasia has a corresponding legal basis and rights foundation,and legalization has basically reached consensus in academic community.From an ethical point of view,euthanasia is not contrary to traditional ethics and morality,and it is gradually accepted and recognized by the general public.In this realistic situation,I believe that euthanasia already has a corresponding foundation in China,and its legalization is imperative now.However,in our country,Euthanasia is still beyond the scope of law.The main reason for this is the problem of legal control of euthanasia,that is,to legalize euthanasia.we must first consider how to construct a legal control mechanism for euthanasia.From different perspectives,the concept and classification of euthanasia are different.Through the integration and analysis of the concept and classification of euthanasia,it can be concluded that negative euthanasia does not belong to the euthanasia discussed in the field of law.The controversy caused by the issue of euthanasia can be roughly divided into the dispute between legal principle and morality.By analyzing the views and opinions from different angles,it is not difficult to find out that euthanasia does not violate traditional concepts such as filial piety it is Is the meaning of traditional ideas.Euthanasia already has a relatively complete social,ethical and legal basis in China,and the legalization of euthanasia is inevitable.Under the premise and basis of legalization,legal control of euthanasia has both justification and its connotation and value.As the first countries to legalize euthanasia,Netherlands and Belgium’s pre-examination and post-supervision,legal mechanisms and systems have enlightenment for our country.As far as our country is concerned,the legal control mechanism of euthanasia should specifically include the implementation mechanism,the applicable control and execution control of euthanasia.By strictly regulating the application and execution of euthanasia,the whole process of the implementation of euthanasia is guaranteed to be orderly.Furthermore,based on China’s reality and the focus of euthanasia disputes,China’s legal control mechanism for euthanasia should include not only an implementation mechanism,but also a supervision mechanism.In particular,the euthanasia supervision mechanism should first supervise the executing doctors,and secondly review and evaluate the execution of euthanasia through local review committees.If there is a reasonable doubt,the committees will transfer the case to the procuratorial organ,and the procuratorial organ shall conduct corresponding judicial review.
Keywords/Search Tags:Euthanasia, Law control, Implementation mechanism, Supervision mechanism
PDF Full Text Request
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