2003Clinical Misdiagnosis & MistherapyRequires access

Discussion on right for death and legislation of euthanasia in China

Cheng Zong

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Abstract

Decriminalization of euthanasia is actually equal to acknowledgement of people's right for death by law. Human being has the right for death. But more precisely, this right is an unactionably natural right. Under certain circumstances, law could meet people's demand for death, this means that people's right for death is acknowledged by law. Judicial remedies can by no means be offered to the obligee while the right is infringed on. On the basis of such a legal principle, the author of the paper briefly analyzed the legislative design of right for death in our country and proved the theoretical foundation for decriminalization of euthanasia. A primary concept for legislation of euthanasia in China was put forward.

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What this paper is about

Decriminalization of euthanasia is actually equal to acknowledgement of people's right for death by law. Human being has the right for death. But more precisely, this right is an unactionably natural right. Under certain circumstances, law could meet people's demand for death, this means that people's right for death is acknowledged by law. Judicial remedies can by no means be offered to the obligee while the right is infringed on. On the basis of such a legal principle, the author of the paper briefly analyzed the legislative design of right for death in our country and proved the theoretical foundation for decriminalization of euthanasia. A primary concept for legislation of euthanasia in China was put forward.

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Available abstract

Decriminalization of euthanasia is actually equal to acknowledgement of people's right for death by law. Human being has the right for death. But more precisely, this right is an unactionably natural right. Under certain circumstances, law could meet people's demand for death, this means that people's right for death is acknowledged by law. Judicial remedies can by no means be offered to the obligee while the right is infringed on. On the basis of such a legal principle, the author of the paper briefly analyzed the legislative design of right for death in our country and proved the theoretical foundation for decriminalization of euthanasia. A primary concept for legislation of euthanasia in China was put forward.

Key concepts: Decriminalization, Legislation, Law, Acknowledgement, Medicine, China, Foundation (evidence), Legislature

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