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Research On The Legalization Of Euthanasia In China From The Perspective Of The Right To Life

Posted on:2021-04-01Degree:MasterType:Thesis
Country:ChinaCandidate:M Q WenFull Text:PDF
GTID:2556306050458124Subject:Science of Law
Abstract/Summary:PDF Full Text Request
From the perspective of the right to life,from the perspective of constitutional jurisprudence,the right to life is the most important and precious of the basic rights owned by human beings,and it is the most basic and fundamental right enjoyed by human beings.The right to life is the basis and core of constitutional value,which embodies the basic requirements of the existence and development of the constitutional system.The issue of euthanasia is a focus in the field of the right to life,which shows the controversy about the sanctity of life and the theory of quality of life in the right to life.As a complex social issue related to the interests of life,euthanasia has been analyzed and interpreted from the perspectives of law,medicine,social ethics and other perspectives since it entered into China,forming different theories and viewpoints.Compared with the extensive and in-depth study in the academic circle,the holder of this issue is quite cautious at the legislative level.Up to now,euthanasia is still illegal in our country,but the occurrence of euthanasia cases in society has not been stopped.The current situation of euthanasia still not being legalized has been unable to keep up with the progress of people’s ethical and moral system and can not meet the needs of society.In this case,how to realize the legalization of euthanasia in our country has become the focus that should be paid attention to.This paper attempts to explore the path of the legalization of euthanasia in our country from the extension of the definition of the right to live as the starting point.In this paper,when exploring euthanasia at the theoretical level,the definition of euthanasia is summarized,which is not limited to the active euthanasia that ends the life of patients actively,but covers the positive euthanasia in negative euthanasia,which is based on the need of the construction of theoretical system.In the study of comparative law,what is mainly compared is the active euthanasia law rather than the euthanasia law of the whole meaning,and the analysis of the legislation of euthanasia in our country and the exploration of the legalization path of euthanasia from the perspective of the right to life is mainly active euthanasia.This is mainly because our country’s attitude towards negative euthanasia has always been tacit,so the legalization of active euthanasia is the difficulty in the construction of the legal system of euthanasia.This paper first combs the theory of euthanasia and the right to life,discusses the legitimacy of euthanasia on the theoretical level,and then,on the basis of comparing the euthanasia laws of various countries,summarizes the structure and content characteristics of euthanasia laws of various countries,combined with the actual situation of our country,taking the right to life into the constitution as the premise,this paper makes a preliminary exploration on the ways of legalizing euthanasia in our country.This paper attempts to explore the subject,conditions,methods and relevant institutions and functions of euthanasia which can be accepted by the euthanasia law of our country,so as to form a theoretical exploratory construction of the legal system of euthanasia.
Keywords/Search Tags:Euthanasia, Right to life, Life autonomy, Legalization
PDF Full Text Request
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