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Research On The Legalization Of Death With Dignity

Posted on:2011-12-23Degree:MasterType:Thesis
Country:ChinaCandidate:L YeFull Text:PDF
GTID:2166360308968998Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Death with dignity is that a terminally ill patient should be allowed to die naturally and comfortably, rather than experience a comatose, vegetative life prolonged by mechanical support systems. From the view of nature, death with dignity is not right to die, but a choice of death manner. From the view of its characteristics, death with dignity represents passive attitudes towards life, absent of desire and unequal subject status. As for the relationship between death with dignity and euthanasia, they have safeguard the dignity of life of patients, have produced a result of death in patients, have implement by a person who authorized by law. However, they have significant differences in the aspects of applicant object, the source of pain, the obligations of cure, etc. From the view of the applicant object, death with dignity's applicant object is the terminally ill patient should be allowed to die naturally and comfortably, rather than experience a comatose, vegetative life. From the view of the source of pain, mainly from the family or the patients were invented that there was a great suffering in spirit. From the view of the obligations of cure, the obligation of medical assistance has been terminated.Death with dignity is considered as a social phenomenon, we also believe that it is a product of social development at certain stage. Death with dignity will not have any social harmfulness; it reflects the humanitarian spirit and optimizes the quality of life and rational allocation of resources. Thus, death with dignity is a rightness claim. We could combined with our country own features, to establish a practical'death with dignity'policy and system. From the view of preconditions, patients have signed a valid living will. From the view of the implementers, should be implemented by a doctor. From the view of the manner of execution, it meanwhile, would be remove all man-made mechanical support systems, except the nutrition and water supply. From the view of approved subject, it should be audit the related materials by the court. From the view of the supervisory mechanism, it includes judicial supervision, association supervision and public supervision. Its supervisory subject contents procuratorate, doctors association and the public. Meanwhile, it regulated activities about medical person and custodial staff's illegal action.
Keywords/Search Tags:Death with dignity, Living will, The right of self-determination, Euthanasia
PDF Full Text Request
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