A Constitutional Study On The Legislation Of Death With Dignity

Death with dignity,which is fundamentally different from euthanasia and physician-assisted suicide,has gradually aroused heated debate in Chinese academia.Due to the influence of social cognitive bias and other factors,the legislation of death with dignity still faces some difficulties and challenges in China,but it has the possibility,legitimacy and feasibility basis.Specifically,first of all,death with dignity is based on human dignity and the right to life,which in line with the constitutional order and value idea of China,so it has the possibility of legislation.Secondly,it is clear that the legislation of death with dignity has constitutional legitimacy from the following three aspects:individuals enjoy the limited control of the right to life;death with dignity does not violate the state’s duty of protection;death with dignity is a dual guarantee of the right to life and human dignity.Finally,having a legal and social basis means that death with dignity is feasible in China.The expanding provisions on the right to informed consent have laid a solid legal foundation for the realization of death with dignity.The change of traditional social concept,the need of rational allocation of medical resources,the requirement of modern medical bioethics and the practice of civil groups are the social basis of the legislation of death with dignity.On the basis of the above,this paper puts forward the preliminary institutional conception of the localization legislation of death with dignity by referring to the legislative experience of the United States,South Korea and Taiwan of China.The constitutional boundary of legislation includes the principle of legal reservation,due process and human rights protection.The concrete legislation system includes entity element,procedure element and supervision mechanism.Of course,supporting measures are necessary to reduce the resistance to death with dignity legislation,including promoting the concept of death with dignity,putting into force death education,strengthening the training of professionals and establishing pilot centers.