China News Weekly reporter/Xu Tian
Published in the 956th issue of China News Weekly on July 20, 2020
In this year's National Two Sessions, a "Proposal on Strengthening the Investigation and Research of Hospice Care and Death with Dignity and Regulating it in Time" aroused outside attention. The author is Shen Deyong, director of the Social and Legal Committee of the 13th CPPCC National Committee and former executive vice president of the Supreme People's Court.
In his proposal, he used death with dignity to refer to euthanasia, pointing out that hospice and death with dignity have become social issues and legal issues that we cannot avoid. He suggested that relevant departments should pay attention to this and organize research and demonstration of related issues as soon as possible, and timely Be regulated by legislation.
After the proposal was reported, Luo Diandian, the founder of the Beijing Living Will Promotion Association and the daughter of founding general Luo Ruiqing, posted a discussion article on the Internet, suggesting that in the context of domestic and foreign contexts, death with dignity actually points to tranquility and care. Euthanasia is different. Instead of challenging the legislative system of euthanasia with multiple obstacles, it is better to devote more energy to the construction of laws and regulations for euthanasia. In this regard, Shen Deyong has given a positive response.
After the two sessions ended, discussions on the topic of euthanasia did not cease, and the rational debate between the two "big coffee" also aroused greater social concern. "China News Weekly" recently interviewed Shen Deyong on the topic of euthanasia.
China News Weekly: Why did you submit that proposal to the conference during the two sessions this year?
Shen Deyong: Actually, I am concerned with the issue of euthanasia, but because this topic is more sensitive, I borrowed the concept of death with dignity.
In the past, I paid close attention to relatives, friends, and people in society, who had gone very painful due to various diseases or accidental deaths. At that time, I knew that there were euthanasia systems in foreign countries, and I briefly read relevant information. However, because the courts are busy with their work, they did not conduct special research on this.
In 2018, I worked from the court to the CPPCC, and the CPPCC focused on a wider range of fields, so I wanted to study this issue specifically. I took the lead in setting up a six-person research group to study euthanasia and legislative issues. The members are all involved in the law, including research on criminal law, civil law, physician law, and so on.
My assumption is that the research team will have several research results: the first is a proposal, which has been submitted during the National Two Sessions this year. The second is to have a weighty article, which has now been completed and has not yet been published. The content is theoretical thinking about the legislative euthanasia. Third, there must be a comprehensive book, which is still in the stage of material collection and research, and the framework has basically been finalized. The fourth is to put forward an expert draft of legislation on the above basis as the final result of the research group.
"China News Weekly": How do you define euthanasia, and what is its relationship with peaceful treatment and death with dignity?
Shen Deyong: First of all, I agree with Luo Diandian's view that death with dignity is not euthanasia. I believe that euthanasia is a way of death, and death with dignity is a description of death.
After our preliminary research, the strict concept of euthanasia can be expressed as: when there is sufficient evidence to believe that the patient has no cure under the current medical conditions, and it is impossible to survive until the medical conditions have developed enough to be cured, and are suffering Unbearable and insurmountable pain, according to the sincere and clear request made by the patient himself as a capable patient, approved by a qualified hospital doctor, and implemented for the purpose of alleviating the patient’s end-of-life pain to make the patient painless and peaceful , Medical measures for rapid death.
According to the current general understanding of tranquillity care, it neither accelerates nor delays death, but only provides a way to relieve pain and discomfort. Undoubtedly, tranquillity care is an important medical measure, but from a linear point of view, euthanasia is the ultimate choice. There will always be some people who cannot die peacefully and with dignity, even in tranquility. Their final choice can only be euthanasia.
Therefore, tranquility treatment and euthanasia are two parallel lines, but the death they point to should be called death with dignity.
"China News Weekly": Does your euthanasia legislation include tranquillity treatment?
Shen Deyong: After our research, euthanasia includes active euthanasia and passive euthanasia. What we are currently studying is mainly narrow, active euthanasia. We are still investigating and considering whether passive euthanasia should be included in the future. There is a certain intersection between passive euthanasia and tranquility.
China News Weekly: I have noticed that the definition of euthanasia given by the research team has many preconditions.
Shen Deyong: In the definition of euthanasia, there are two core concepts, namely autonomy and dignity.
The main premise of euthanasia is the autonomy of life. Autonomy refers to whether or not to take euthanasia and what kind of euthanasia measures to take, it needs to be selected and decided by the person.
Article 1002 of the Civil Code promulgated this time stipulates that “natural persons enjoy the right to life. The life safety and dignity of natural persons are protected by law. No organization or individual may infringe on the right to life of others.” In other words, natural persons have the right to life. Including the right to life safety and the right to life dignity. Then, in the right of dignity of life, human beings have the dignity of life, and are there dignity of death? So far, the law is unclear.
We believe that the dignity of death should be brought into the scope of the law, which is the cornerstone of the legislative euthanasia. Only if you recognize that a natural person has this right, can he have the autonomy of life and enable euthanasia to rule out its illegality. This is the first core concept: autonomy.
The right to dignity of life also involves the second core concept: dignity. The research team will further study and define what dignity is, what are the basic points of the right to dignity, relative to death, under what circumstances enjoy dignity, and when there is no dignity, etc.
The preconditions for euthanasia we give are to strictly regulate and protect people’s autonomy and dignity in this process from all aspects, including subject rights, personal wishes, doctor qualifications, approval procedures, execution procedures, and regulatory mechanisms. This is also the reason why euthanasia should be regulated by law.
For example, under what circumstances can a person be euthanized? Although it is a peaceful and painless death, it is after all a deprivation of life. It must be regulated by law and set strict conditions, including analyzing and judging the life stage of the patient according to the principle of "best interest", whether there is a possibility of treatment, and The degree of pain and so on.
In addition, it is the establishment of operating procedures and supervision mechanisms. We believe that euthanasia must be reviewed by a supervisory committee established in accordance with the law after an independent judge by a qualified doctor, at least another doctor’s opinion is sought. As far as I know, the Netherlands, which legalized euthanasia, did just that. Of course, these contents must listen to the opinions of the medical profession.
China News Weekly: In your definition of euthanasia, you define it as a "medical measure". Is this also related to the exclusion of its illegality?
Shen Deyong: In the latest edition of Encyclopedia Britannica, euthanasia is interpreted as mercy killing. There is a sentence in the definition: Because there are no specific regulations in most legal systems, it is usually considered suicide if it is operated by the patient, and murder if it is operated by another person.
We believe that euthanasia should be completely separated from the concept of criminal offences under any circumstances. Whether it is hurt or murder, these concepts are all concepts of the criminal law. No matter how beautiful words are used to describe them, what kind of "kindness killing" and what kind of "kindness killing" directly affect the evaluation of the legitimacy of euthanasia. Therefore, in our definition, euthanasia is a special medical measure. Only in this way can its illegality be ruled out and given its legitimacy.
"China News Weekly": Some experts believe that the legalization of euthanasia is very risky. What do you think?
Shen Deyong: I think there are two risks, one is embezzlement. That is to kill people by euthanasia. I think this risk is negligible. Because under strict legal regulations, the possibility of embezzlement is very small. If a person wants to kill people in various ways, why do they have to use such a complicated way to kill people? Taking a step back, we cannot deny an advanced system because of the extremely small probability of “misappropriation”.
So far, countries or regions that have implemented euthanasia have not seen cases of embezzlement of euthanasia. Of course, if you don’t have it now doesn’t mean you won’t in the future. So we should take precautions, but we should not stop the promulgation of laws. Legal regulations are the best preventive measures.
The second risk is abuse. The most important prerequisite for preventing abuse is that I choose myself. Our research believes that euthanasia will be excluded if it does not meet my wishes. For example, if I have lost my ability to make independent decisions due to a disease or emergency, can my family members or doctors help? We believe that it is not possible.
This requires the introduction of a very important auxiliary system, a living will. Any person with full capacity, as long as he has the will, at any stage of his life, can make a will about euthanasia and designate the executor of the will. The will takes effect after being notarized. When the person loses the consciousness and ability to make independent decisions after the occurrence of an emergency, the executor may file an application and enter the approval and execution procedures of euthanasia in accordance with the will.
Another prerequisite for preventing abuse is medical judgment. Medical judgment has strict standards and procedures. Different doctors and supervisory committees have to make judgments on this. Currently, our country does not implement euthanasia legislation, but there have been dozens of cases related to euthanasia. The risk here is even greater, because strict medical judgment is not carried out, and the self-judgment of the patient and family members is used. Some doctors have also been held criminally responsible for "assisted suicide".
All in all, I believe that advancing the legislation on euthanasia and effectively regulating it will help reduce risks.
"China News Weekly": Do you think it is time for China to legislate on euthanasia?
Shen Deyong: Almost every year during the National "Two Sessions", there will be suggestions and proposals on euthanasia legislation. In practice, dozens of "euthanasia" cases have been handled by justice, and every guilty verdict by the court has aroused widespread public concern and discussion, because it involves moral, ethical, legal and other issues and is full of games.
In addition, the research team also conducted an online questionnaire survey of more than 1,000 people. 82.82% of people basically agree with euthanasia, and 84.26% believe that it is necessary to legislate on euthanasia.
It can be seen that euthanasia is an issue that we cannot avoid. If our country finally decides to introduce this medical system, in order to ensure its healthy and orderly operation, it must be regulated by law.
However, it is unpredictable when the legislation will be enacted. The biggest obstacle to euthanasia in the West is religion. The biggest obstacle to promoting euthanasia in our country lies in traditional culture, ethics and morality. Euthanasia is a legal issue, a medical issue, and an ethical issue. The key to its implementation lies in emancipating the mind and renewing concepts.
Therefore, it may take 5 or 10 years. I hope that in my lifetime, I can see the birth of the law of euthanasia.
"China News Weekly": What do you think of death?
Shen Deyong: Some philosophers have said that if there is only one real law in this universe, it is death, and everything that exists will eventually die. I don’t agree with that sentence: It’s better to die than to live. In my cognition, if you can't take care of yourself in the future, or face unbearable pain, there will be no dignity and happiness in life. At this time, as the ancient Greeks said, "death happily" is my ideal pursuit. A life without quality and dignity, I don't want to spend too much a day. At that time, whether I have a clear consciousness or not, I hope to use euthanasia to end my life early, which will not only reduce the burden on my family, but also save limited medical resources for the country and society. This can be regarded as my will. At the end of the research project, maybe I will go to Luodian's Living Will Promotion Association to make this will.
China News Weekly, Issue 26, 2020
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