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On the Legal Right to Die of Happiness

Author: LuoYuQuan
Tutor: TanQiPing
School: Southwest University of Political Science
Course: Legal
Keywords: euthanasia feasibility demonstration right to die of happiness specific personal right
CLC: D920.4
Type: Master's thesis
Year: 2010
Downloads: 258
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Abstract

Almost scholars consider that the word of the death of happiness originated for the Greek word of“euthanasia”which is contained of the happy and death two words. And its original meaning is to die comfortably or without the pains while the euthanasia has no uniform concept definition in the modern sense. The wiliness and the disorder appear in the practices of euthanasia and the legislation should be prudent to make it according to the laws. The whole paper is divided into four parts except for the introduction and conclusion:Part one is the relation of the death of euthanasia. As the complex definition of the concept, this paper discussed the elements as the processing conditions of the euthanasia as the four: one is that the fatal diseases without the incurable measures; two is that time point should be the dying or the approaching death; three is that under the paining or the hurts; four is the complete civil capability citizen. And the paper concludes the only aim of processing of euthanasia is to remove the pains and hurts of the dying person and defines the operating subject must be the doctors with the dying person or patient’application at will.Part two is the concept and practices of the establishment of the right to die of happiness. The author checks the concepts and practices around the world and analyzes the current problems in China to give the following three seasons of euthanasia: one is the higher demands of the life quality for the public; two is the coming of the old-aged society soon; three is the changes of the ideas about the modern death. By the agreement and disagreement of euthanasia demonstration, the paper give the conclusion that whatever the reasons, there is no fully justification to forbid the euthanasia. Therefore, the euthanasia embodies the free element of a legal right.Part three is the legal basis of the euthanasia. Regarding the right to die of happiness, the paper states the life right as the third division would be considerable firstly; secondly, the death does not fit for the origin and the essence of human right to deny the fake issue that“everyone has the right to die”. According to the right of life, the paper insists that everyone has their own lives and the right of life belongs to the individual and the right of life is not higher than the right of life domination; and the right of life could be abandoned. However, the current arguments had some defects more or less and the new-born right would be existed as the right to die of happiness. Part four is the realization of the right to die of happiness. The paper holds that the right of euthanasia would be the specific personality and analyses the setting principle and the limits of right of euthanasia. The setting principle is including the humanity and the notice principle; the limits principle discussed the dying situation and the free will evaluation system. Regarding the legal relationship of right of euthanasia, as the paper states, the subject of the right would be the dying natural person as the legal subject; the object is the benefit of the euthanasia; the context is the right of the protection, the death control and the secret keeping. At last, this paper suggests the national legislation would add the right of euthanasia in the amendment of Civil Law to certain the specific personality right and the relative protections for the right to die of happiness.

On the Legal Right to Die of Happiness

Abstract

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