Research On Legalization Of Euthanasia

Since the idea of "euthanasia" appeared,it has been under discussion.There is no consensus on whether euthanasia should be legalized.Although China’s legislative practice currently holds a conservative and cautious attitude towards the legalization of "euthanasia",in recent years,with the improvement of social development level,the issue of "euthanasia" has gradually aroused intense discussion in our legal circles.If the reason why "euthanasia" cannot be accepted in history is the limitation of medical conditions and acceptance of social ethics,etc.,which leads to the problems of low operability or conflict with mainstream social ideology,however,in today’s era when medical conditions and the level of social ethical ideology have undergone great changes compared with the past.In particular,some countries have implemented the legalization process of "euthanasia" to varying degrees at the legislative level,in order to help the citizens who have the need of "euthanasia" to realize their basic rights to the maximum extent,this paper believes that it is necessary to study the issue of "euthanasia" related to the constitutional personality right.This paper studies the question of "euthanasia" from the perspective of constitutional personality right,and the full text is divided into five parts.The first part is an overview of "euthanasia".This part mainly expounds and analyzes the history,definition and characteristics of "euthanasia",proposes that the type of euthanasia that conforms to the constitutional personality right should be active euthanasia,explains the core elements and basic characteristics of "euthanasia",and finally puts forward the necessity of legalizing euthanasia.The second part is the controversy and problems of the legalization of euthanasia.This paper describes the controversy and problems of euthanasia from three aspects: ethical controversy,technical obstacles of legislation and moral hazard in implementation.The third part introduces the legal system and practice of euthanasia.On the one hand,introduce the legal system of countries that have legalized euthanasia,such as Holland,Belgium,etc.On the other hand,it introduces the judicial practice of countries that have not legalized euthanasia in order to provide an extraterritorial reference for the next part of the study.The fourth part analyzes the existing problems from the perspective of constitutional personality rights.Firstly,it introduces the constitutional personality right,and then analyzes the ethical controversy,the technical obstacle of legislation and the moral hazard in the implementation of euthanasia.The fifth part is the system thinking about the legalization of euthanasia which runs through the protection of personality right.Firstly,it introduces the intrinsic value of legalizing euthanasia by protecting the right of personality;secondly,it defines the basic principles of legalizing euthanasia with the protection of the right of personality as the core;finally,it puts forward the legislative ideas of legalizing euthanasia with the protection of the right of personality as the guidance,including the clear scope of application and specific conditions,and the construction of strict application procedures and review mechanisms.The implementation of transparent implementation and strengthening supervision are three aspects,and the final summary and outlook are made.