The International Process of Euthanasia Legislation Based on a Comparative Law Perspective

Research Article
Open access

The International Process of Euthanasia Legislation Based on a Comparative Law Perspective

Weizhuo Xu 1*
  • 1 Tianjin University    
  • *corresponding author sakuraxu915@gmail.com
Published on 26 October 2023 | https://doi.org/10.54254/2753-7048/11/20230715
LNEP Vol.11
ISSN (Print): 2753-7056
ISSN (Online): 2753-7048
ISBN (Print): 978-1-83558-047-9
ISBN (Online): 978-1-83558-048-6

Abstract

The question of whether euthanasia is a means for the elimination of misfeasance has always been the focus of international attention and difficulty. Traditional studies on euthanasia have been devoted to exploring the rationality as well as the legality of euthanasia. Meanwhile, the legislative techniques of euthanasia were explored on the basis of the existing studies on euthanasia. Instead, this paper is dedicated to examining the reasons inherent in the legality of euthanasia in various countries. The current international situation with regard to euthanasia legislation was presented, and the background of countries in the world that currently have euthanasia legislation and their legal documents were described. The underlying reasons for the different attitudes towards euthanasia in countries with different development models were analyzed by comparing the attitudes towards euthanasia in developing and developed countries without euthanasia legislation, as well as the relevant drafts, proposals, and cases, and the corresponding recommendations were proposed to promote the way forward for euthanasia legislation in China. It is concluded that different factors, such as the economy, religion, and social risk-taking, have different influences on attitudes towards euthanasia in countries with different development models. For euthanasia legislation in mainland China, it is suggested that corresponding legislative proposals should be made in both substantive and procedural aspects, with China’s national conditions taken into account.

Keywords:

euthanasia, ground for elimination of misfeasance, developing countries, developed countries, comparative law, legislative proposals

Xu,W. (2023). The International Process of Euthanasia Legislation Based on a Comparative Law Perspective. Lecture Notes in Education Psychology and Public Media,11,65-76.
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References

[1]. Li YM. Evolution Theory and the Euthanasia Movement in the 20th Century [J]. Studies in Philosophy of Science and Technology, 2021, Vol. 38, No. 2: 98-99.

[2]. Liang GL. Fighting for the Right to Humane Death—the Worldwide Euthanasia Movement [J]. Journal of Comparative Law, 2004, No. 3: 20.

[3]. Ni ZM, Li H, Yang TD. Research on Euthanasia [M]. Law Press, 2005: The Dutch version of the euthanasia law attached to the appendix, and the Belgian version of the euthanasia law attached to the appendix.

[4]. Toni C. Saad. Euthanasia in Belgium: Legal, Historical and Political Review[J]. Issues in Law & Medicine, 2017 Vol. 32, No. 2: 185-187.

[5]. Wang HM. Comparison of Legislative Progress on Euthanasia [J]. Modern Law Science, 2001, Vol. 23, No. 4: 155.

[6]. Wang K. Defendants Pu Liansheng and Wang Mingcheng were innocent of the first euthanasia case in China [J]. Chinese Medical Ethics, 1992, No. 4: 26.

[7]. Zhu SN, Feng XY, Liang ZT. Interim Regulations on Euthanasia (Draft) (Proposed Draft) [J]. Medicine and Philosophy, 1999, Vol. 20, No. 10: 22-23.

[8]. Sailaja PETIKAM. Euthanasia in India - Legislative Perspective[J]. Revista de Drept Constitutional,2021, No. 1: 46.

[9]. Wen JF. Research on the Right to Die in Peace [M]. Science Press, 2009: 25.

[10]. Han JJ. The Legal Focus of Euthanasia in the UK [J]. Political Science and Law, 2003, No. 4: 159.

[11]. Lindy Willmott, Ben White, Christopher Stackpoole, Kelly Purser, Andrew Mcgee. (Failed) Voluntary Euthanasia Law Reform in Australia[J]. UNSW Law Journal,2016, Vol. 39, No. 1: 4.


Cite this article

Xu,W. (2023). The International Process of Euthanasia Legislation Based on a Comparative Law Perspective. Lecture Notes in Education Psychology and Public Media,11,65-76.

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About volume

Volume title: Proceedings of the 4th International Conference on Educational Innovation and Philosophical Inquiries

ISBN:978-1-83558-047-9(Print) / 978-1-83558-048-6(Online)
Editor:Enrique Mallen, Javier Cifuentes-Faura
Conference website: https://www.iceipi.org/
Conference date: 7 August 2023
Series: Lecture Notes in Education Psychology and Public Media
Volume number: Vol.11
ISSN:2753-7048(Print) / 2753-7056(Online)

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References

[1]. Li YM. Evolution Theory and the Euthanasia Movement in the 20th Century [J]. Studies in Philosophy of Science and Technology, 2021, Vol. 38, No. 2: 98-99.

[2]. Liang GL. Fighting for the Right to Humane Death—the Worldwide Euthanasia Movement [J]. Journal of Comparative Law, 2004, No. 3: 20.

[3]. Ni ZM, Li H, Yang TD. Research on Euthanasia [M]. Law Press, 2005: The Dutch version of the euthanasia law attached to the appendix, and the Belgian version of the euthanasia law attached to the appendix.

[4]. Toni C. Saad. Euthanasia in Belgium: Legal, Historical and Political Review[J]. Issues in Law & Medicine, 2017 Vol. 32, No. 2: 185-187.

[5]. Wang HM. Comparison of Legislative Progress on Euthanasia [J]. Modern Law Science, 2001, Vol. 23, No. 4: 155.

[6]. Wang K. Defendants Pu Liansheng and Wang Mingcheng were innocent of the first euthanasia case in China [J]. Chinese Medical Ethics, 1992, No. 4: 26.

[7]. Zhu SN, Feng XY, Liang ZT. Interim Regulations on Euthanasia (Draft) (Proposed Draft) [J]. Medicine and Philosophy, 1999, Vol. 20, No. 10: 22-23.

[8]. Sailaja PETIKAM. Euthanasia in India - Legislative Perspective[J]. Revista de Drept Constitutional,2021, No. 1: 46.

[9]. Wen JF. Research on the Right to Die in Peace [M]. Science Press, 2009: 25.

[10]. Han JJ. The Legal Focus of Euthanasia in the UK [J]. Political Science and Law, 2003, No. 4: 159.

[11]. Lindy Willmott, Ben White, Christopher Stackpoole, Kelly Purser, Andrew Mcgee. (Failed) Voluntary Euthanasia Law Reform in Australia[J]. UNSW Law Journal,2016, Vol. 39, No. 1: 4.