死亡权与我国安乐死立法问题论析

Discussion on right for death and legislation of euthanasia in China

安乐死合法化实际上就是法律对人的死亡权的认可。人有死亡的权利 ,但这种权利更多地是一种不可诉的自然权利。在一定条件下 ,法律可以满足人们死亡的要求 ,即确认人的死亡权 ,但却绝不可以在死亡权受到侵犯时对其权利人提供司法救济。在这一法理基点上 ,文章就我国法律对死亡权的立法设计进行浅要分析 ,并论证安乐死合法化的理论根据 。

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.