SCIENCE REPORT Grace Li

Grace Li* Euthanasia, a Matrix of Cure or Exacerbation

- A Legal Perspective of Current Bioethics Issue in China

Introduction miserable life, which could impose a heavy burden on their families or on society) Euthanasia is an old topic with traditional wisdom In China, a common understanding of euthana­ stating that everyone should have right to choose sia defined by academia4 is: the whole process of the mean ofdeath. In China, there are always argu­ allowing patients, who is on the verge of death ments about the two extremes of the land of living with incurable disease and sustains extreme pains - birth and death. With the study of birth, which spiritually and bodily, to tide over the death stage gives rise to eugenics, the study of death has and end life by a non-natural mean upon the touched off a rational discussion, that is, whether request of the patients or their families and with or not people have a right to opt for death; that is consents ofdoctors.s also, to take the value of life and sustain dignity in the last moment of lifel • Professor Wang Wei believes

The controversial nature of bioethics issues con­ "...with aright to birth, people should have a right to adignity cern each single individual. Itis thus not surprising death...it is one type or materialisation or the social moderni­ that the relating discussions had long extended out sation... "6. of national boundaries, races, religions, and cul­ tures. Euthanasia, as an integrated sUbject in However, the real life is not as easy as this philo­ bioethics field, is receiving interpretations from sophical belief. every comer ofthe global society. In this sense, the topic itself had established a solid international forum, which is characterised by conflicts and para­ doxes. China, the fast developing Asian giant, was * Grace(xiaoguang) Li Lecturer in law, UTS, [email protected] unavoidably involved in this debate. This article 1 Xijing, 'Euthanasia in China: Yes or No?', 2002, volume therefore aims to give a comprehensive overview of 4, China Society Journal For Human Rights Studies, 55 euthanasia acceptance in China. It also provides an 2 Feng, Xiuyun, 'Several Suggestions to Euthanasia insight examination of different Chinese social Legalisation', 1997, volume 4, Medical Science and groups, their attitudes and reasons; By doing so, Death Studies, China 22 several suggestions are put forward at the end. 3 Slogen Herban , 'Bioethics - An Independent Study', 2004, Tannan Zhonghua Publishing, Taiwan 6 4 This definition is commonly used in Chinese academic To define euthanasia precisely, this article starts literatures. References can be found from a number of from both the traditional understanding and the sources including texts. See ego from Professor Wang modem connotation. In ancient times Euthanasia yuan, Professor in Humanity, Beijing University; Dr. Wangxiaohua, Tongren Hospital, Professor Xing huibin, means an easy death without severe sUffering. Zhongshan Medical Science University. In China, there Today one should no longer think of this original is no legal definition for euthanasia so far in China. meaning only, but rather ofsome medical interven­ Thus, this will be a description quoted by this article. tions whereby the suffering of sickness or of the S See also, eg, Wang yuan, 'Can any country with a law of final agony can be reduced. Sometimes it is also killing?' 1994, Chinese Central Publishing House, Beijing 12; Wang xiaohua 'the God Given Duty to the with the danger of suppressing life prematurely.2 Doctor', 1993, Journal of Medical Science and Most ofthe time, people use the word euthanasia in Humanities, Beijing 33; Xing huibin, 'Notes on bioethics a more particular sense to mean "mercy killing" for - what is going on with euthanasia' 1995, The World of Medical Science, Medical Science Publishing, the purpose ofputting an end to extreme suffering, Guangzhong,45 or having abnormal babies, mental illness or the 6 Wang Wei 'Rights and Obligation, A Perspective from incurably sick, perhaps even for many years of a Euthanasia', 2000 Journal of Nanjing University, 46

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166 JIBL Vol 02 I 2005 ~ Euthanasia, a Matrix of Cure or Exacerbation SCIENCE REPORT i.- _ ~ ~ ~_. -. ~ _

According to a s-year joint study conducted by swollen abdomen, and incontinence of urine and PRC National Population and Family Planning bowel and in the end was thrown into a coma. On Commission (NPFPC)7 and PRC Ministry ofHealth8, June 12, his mother woke up and wanted Wang to there are about 10 million deaths annually in China request euthanasia for her. On the morning ofJune from year 1996 to 2000. More than 1 million people 25, Wang mingcheng asked the doctor about the died with agony9. Also, among those 1 million possibility of a cure and was told it was hopeless. deaths, a big proportion asked for euthanasia in Wang then asked for an easy death for his mother. various occasions. The accurate number ofrequests The doctor refused by saying there was no law about was not revealed, but the study exposed most of euthanasia. Three days later, Wang knelt down those requests were refused on the basis of lacking before the doctor, asked him to consider his request legal authority.lO People died with great resent­ and promised to undertake all legal consequences. ments both to the disease they suffered and to the The touched doctor accepted the request tacitly in refusals of their requests for choosing their own the end. He wrote out a prescription, with the note way to die. Notably enough, some deaths were com­ that it was requested by the family of the patient mitted quietly with certain assistance received and Wang signed the prescription. On the morning from close relatives and reliable doctors upon the of June 29, Wang's mother took the medicine and willingness ofthe non-curable patients. Again, the died in peace. At that time, nobody knew that accurate number was not revealed.11 Wang-mother's death became a beginning of Wang's 17 years fighting for a right ofeuthanasia. As professor Xing zhihui pointed out in her litera­ ture On February 8, 1988, the doctor and Wang Mingcheng were prosecuted for deliberate killing...... the development of our human being had presented us with The first trial was conducted before the people's some opportunities to choose a comparably peaceful death. court ofHanzhong Cityl4 • There, theywere declared There is no reason why we have to abandon these opportuni­ not guilty. The appeal court upheld the original ties, and instead, suffer with pain... this is a matter of man­ judgement by adopting the suggestions from The agement and control, this is a process oftechnicallegalisation Supreme Court of PRC in Beijing1s. The first and this is amatter oftime.. .''12 "euthanasia case" thus carne to an end in 1992, when Wang Mingcheng was released after six years However, "falsehood is just a tiny step further in detention. front of the truth"13. Regulating euthanasia is always seen as an area with such temptation and risk of abuse. With the specific situation in China 7 The official web site ofNational PopUlation and Family including huge population and poor social securi­ Planning Commission of China http://www.npfpc. ties system, the Chinese government has to take gov.cn/index.htm, view at 21/5/5 extreme vigilance. 8 The official web site of PRC Ministry of Health www.moh.gov.cn 9 Such as the great pain in later period ofcancer The first euthanasia court case in China is cited 10 "A 5-year Study of Death Circumstantiality", 2002, below and followed by the argument from different Chinese Scientific Publishing House, 65-68 social groups in the country to picture a current sit­ 11 "A 5-year Study of Death Circumstantiality", 2002, uation in China and to raise an issue ofeuthanasia Chinese Scientific Publishing House, 101 legalisation. 12 Xing zhihui, 'Several suggestions to the Proposed Euthanasia Legislation' • 1997. volumn4. Journal of Medical Science and Death Studies, China 39-41 The first Chinese court case concerning 13 This is a direct translation ofa Chinese proverb. euthanasia 14 The People's court of Hanzhong City is at the lowest level of Chinese court system. In China, most of the An ordinary Chinese, died with great resentments lawsuits start from the bottom and there is a strict pol­ in 2003 after 17 years fighting for a right ofeuthana­ icy regarding to the appeal system, called "two trial and final trail". This means a single court case can only sia inclUding 6 years in detention and 3 years suf­ be appealed once to a higher-level court. The second fering from deadly disease. decision will be final. In Wang's case, the final deci­ Wang mingcheng, male,married in 1980. His life sion was made in the Intermediate Court of the City. was normal and joyful with his wife and a son. On 15 The Supreme Court of PRC is the highest court in the October 4, 1984, he was told that his mother was judicial hierarchy in China. The reason that was used for this decision was that the prescribed medicine used sick due to cirrhosis. By June, his mother began to for Wang's mother could not been seen as primary suffer from bed sore, edema of lower extremity, cause ofdeath.

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"...this is an ordinary death but extraordinary case...this is the Opinion (rom medical experts: Con & Pro first time ever that euthanasia attracts that much attention Unlike the ordinary urban Chinese, views from (rom the public, government and legislature... this is an issue medical experts clearly split up into "against" and needs to be addressed at certain stage in our law... sooner "for" categories. rather than later...".16 Doctor Li, who treated Wang, firmly opposed Unfortunately, on November 3, 2000, Wang euthanasia. He believes that the given duty of a Mingcheng was diagnosed with stomach cancer. doctor is to do as much as possible to prolong life Even with active medication, his situation kept get­ and it is absolutely wrong in ethical sense for a doc­ ting worse. He then decided to stop expensive treat­ tor help a patient to end his life.22 ments. He knew clearly that his cancer had gone beyond cure. Less then half year in the hospital, Associate Professor Wang Ii said that, in China, Wang had requested to execute euthanasia for euthanasia concerns more about a traditional many times. His wife refused, saying that she could moral concept - you should be able to live even it is not do that and reminded Wang of his mother's painful, as this is the biggest respect for life23 . In case. The situation for him got worse. He requested this respect, Wang mingcheng's faith to commit an the hospital to give an easy death again by telling easy death should not have any standing in a high­ them his "not guilty" sentence and added that he er level of Chinese morality. He also quoted that would like to donate his organs for other curable even in other developed countries, only a few allow patients. But, the decision was still - there is no the use ofeuthanasia to end life24 • such a law in China and the hospital will not do it. Wang stopped breathing in great agony on August Similar views come from many other medical 3,2003.17 practitioners such as Dr. Wang Suizhu, who His death had left an urgent need for reconsider­ believes that the needs to legalise euthanasia is not ing euthanasia legalisation in China.

16 This statement was made by Van renying, a famous The great debate medical scientist, in the People's Congress. Full text could be seen from an editorial, 'Euthanasia is raised Opinions from ordinary Chinese, medical experts, to the legislature', 1 Feb 2004, China Daily, Xinhuang legal practitioners and politicians are reviewed Publish, Beijing. below to demonstrate different attitudes toward 17 Detailed story could refer to editorial: 'Wang euthanasia. Mingcheng's story - fighting for his right to choose an easy death', 12 December 2003, China Daily, Xinhuang Public Opinion Publish, Beijing. 18 Xijing, above 20 Chinese people are concerned about this world and 19 "A s-year Study ofDeath Circumstantiality", above 55-59 avoid mentioning death due to the affection of 20 Generally speaking, the education level of Chinese Confucianism, so there are scarcely any open dis­ rural population is comparatively low. The poverty cussions ofdeath in people's life. However, Wang's restrains the communication and transportation. In the village, families live very close. Within a single case made people face and talk about death more family, different generations live together. Older gen­ objectively.IS erations' strong Confucians' way of thinking still has strong impact upon younger family members. The s-year joint study also shows that many 21 The examis for the subjectofparamedic ethics. Amul­ tiply choice question was included to ask the partici­ Chinese approved euthanasia especially in the big pants to choice which would be their choice to one cities like Beijing and ShanghaU9 However, this deadly symptom. 53% ofthe participants chose to exe- . survey represents only a limited portion of the cute an active euthanasia, 25% chose to execute a pas­ sive euthanasia, and the rest of22% chose to keep med­ Chinese. In fact, there are about 80% ofthe nation's ications and wait. There was 80000 people sit in this population are peasants; they trend to be more sub­ national exam. Detailed information was read at ject to Confucianism2°.Apart form this study, in http://news.tom.comjArchive/1002/2003/7/1131901.h 2003, an exam question concerning euthanasia was tml on Is1anuary 2004 . introduced to a National Self Studies Examination 22 'Wang Mingcheng's story - fighting for his right to choose an easy death', above 20 l. to test the attitudes from the participants. The 23 Wang Ii, 'Some Suggestions to the Proposed Euthanasia response to that question shows that 80% of the Regulation', 2003, Vol 2, N02, Medical Science and participants approved euthanasia, which was in Philosophy, 67. line with the 5 years study.21 24 Ibid

168 JIBL Vol 02 I 2005 Euthanasia, a Matrix of Cure or Exacerbation SCIENCE REPORT present. To demonstrate this opinion, he quoted criminal law. What euthanasia seeks is not a result personal experience as a principle doctor in his ofdeathbecause death is a foregone conclusion, but work. He said that he saw so many occasions on the ending of sufferings before death by other which the children of their sick elders just want means. Euthanasia is therefore of no harm to the them to die quickly. He believes allowing euthana­ society. However, the way to control the application sia would cause more immoralities and illegalities is another issue. Without a sound consideration of with the current education level of majority application, it is too early to talk about enact­ Chinese.25 ment.28

While some people are strongly against the Similar concerns are raised from many other euthanasia, others are trying hard to push it into legal practitioners over the time. Lawyer Zhang government priority list. Qian of the Qianyuan Zhaoyi Law Firm in Henan Province holds a view that there is no legal basis for In 1988 and 1994 respectively, two national con­ euthanasia in China and it is hardly possible to ferences were held in the Shanghai Medical define any legal use ofeuthanasia based on the cur­ University, where China's medical experts agreed rent Chinese Crime Act. Making a new law is just that China should draft legislation to regulate too remote and too complicated.29 euthanasia practice. Surveys were conducted conse­ quently to collect public opinions in the period of In lawyers' eyes, they probably see more 1988 to 1994 in Beijing, Shanghai, Hebei and immoralities than the deadly suffering of the Cuangdong. In 1994'S conference, a report finally patients. Wang Fang, a famous female lawyer, set out with scientific data form the long waiting opposed euthanasia legalisation by giving a real survey showing that a growing number of Chinese case, in Which, a dying mother was sent to crema­ favouring euthanasia policy. 73 percent of200 elder­ tory by her only son with forged documents. She ly people interviewed in Shanghai, and 79.8 percent said in a national TV program of 500 interviewees in Beijing, supported euthana­ sia.26 However, the cities involved were the big cities with a comparatively higher-level living stan­ dard and better education. 25 Information obtained from www.371.net/zznews/ 20056734html, viewed the web site on 4 Feb 2005 As the "father for mortal patient", Professor Cui 26 Zhang guoqin, 'the reflection to euthanasia legalisation', yitai in Tianjin Medical Science University had 1998, NO.5 Journal ofJurisprudence and Legal History, recently published his new book concerning 23-40 euthanasia, in which he shows his support to this 27 Cui yitai, professor in Medical Science, is currently lectur­ ing in Tianjing Medical Science University. In 1988, he practice and urged the government to put euthana­ was appointed as director in Care Centre for Mortal sia legalisation, or at least recognition, process into Patients, which is the first research centre to study mor­ their top priority list.2] tal patients care in China. In 1990, he established the first clinic in China for mortal patientbyleading a group Opinion (rom legal practitioners of 10 medical professionals. In 1993, he chaired a com­ mittee called Care for Mortal Patients Committee in PRC Unlike the Chinese urban public, who supports the MentalHealth Association. With the reputationandrich legalisation ofeuthanasia, and the split viewsfrom experiences, he was named "father for mortal patient" in China. His literatures are highly regarded. His views the medical experts, legal practitioners are taking a borrowed by this article could be read in various of his more conservative common approach. Precisely, work inclUding his lasted monograph "The Chinese the Chinese lawyers tend to agree on changing the Attitudes to Death and Mortality", 2004, Tianjing People's Publishing House, 40 law, but failed to work out how the law could be 28 Wang Honglin acted as Wang Mingheng's defence coun­ changed effectively. cil in Wang mother's case. He was approached again when Wang wanted to commute euthanasia to him­ Legal expert Wang Honglin, who was involved in self. But he refused to talk to the hospital on Wang's behalf. He was interviewed by different media after Wang mingcheng's case and saw Wang on many Wang mother's case. His opinions can be found on occasions, said that euthanasia does have reasons South China Morning Post, 21 March 2003; South to be considered by law and society. But technically, China Morning Post 3, Jan, 1994, and, Beijing Evening it is just too hard to be legalised at this stage. He News, March 23,1995. said that the way of easy death is prima facie a 29 Zhang Qian, partner of the Qianyuan Zhaoyi Law Firm in Zhengzhou City, Henan Province. Detailed text death caused by man, but it is essentially different viewed at http://news.371.net/Archive/I-29073.html from deliberate killing as defined in the Chinese on 3 March 2005

JIBL Vol 02 I 2005 169 SCIENCE REPORT Grace Li

"...please note - the mother was dying but not died...''3° number of submissions/attempts but failed to As a legal sociologist, Wei Ran also noted in his achieve any clear attitudes. Against this context, paper: the following parts attempt to examine the reasons behind. "...Jaw should be the materialised willingness of the mass public. To study the willingness ofthe Chinese is an enormous The first and the most common reason behind task. One should be with extra cautions...in China, with its the pUblic opinion is their genuine concerns about unique situation, the wjJJingness of people trend to be rather their loved ones. They do not want to see or they after live but not die...''31 cannot bear to see such anguish. They support the view to give them an easy death even they can hard­ Constitutional Lawyers argued pUblicly that ly afford to loose them. But they understand that legalising euthanasia would be unconstitutional on life refuses to give their loved ones the choice ofliv­ the base of right to live32, which might pose a fun­ ing. Death, in one way or another, is an unavoid­ damental barrier to this practice. able ending. Opinion form politicians Secondly, this is a financial consideration sup­ In any single party country like China, OpInIOnS porting euthanasia, which is to be examined below from the politicians always indicate further govern­ by a "reverse pyramid effect". It is pUblicly known ment initiatives. After Wang mingcheng's court that, most of deadly illness, even with a short peri­ case, debates were seen among the politicians and od of prolongation of life, would bring the family several proposals concerning euthanasia legalisa­ with huge financial burden. Most of the patients tion and other bioethics issues had been submitted and some family members would rather choose an to the government and legislature33 • easy death, which provides an ending without agony for patient and relief financially and emo­ On March 1994, a group of National Peoples tionally for the family. These are important con­ Congress (NPC) delegates proposed a bill recom­ cerns in China with poor public medical system and mending euthanasia legalisation in the People's huge popUlation. A diagram below explains a Congress, in which they claimed euthanasia was reverse pyramid effect, which might be against the feasible in China,34 traditional Confucianism, but indeed, shows a potential danger with the current trend of ageing In March 1995, more than 30 delegates from population and China's ongoing one child policy. Beijing, southern Hunan and Fujian province urged the NPC again to legalise euthanasia. These "pro­ euthanasia" delegates claimed the issue must be concerned as the aging population and market reforms caused medical cost to soar,35 30 A live interview was showed in a TV program called To Be Honest, ccrv Channel 4 on June 23, 1998. In that program, Wang Fang, as a successful female lawyer in Again in March 1996, Wu Zhaoguang, a professor her area, was invited with 4 other senior legal coun­ at Shanghai's Zhongshan Hospital and a NPC dele­ cils. They believe that euthanasia legalisation needs gate, argued that euthanasia law should be intro­ further study. duced in China as soon as possible. Wu proposes 31 Wei Ran, a famous Chinese legal sociologist. For quote, that euthanasia should be trialled in Beijing and re "A battle for legal death", 1992, Shanghai People's Publishing, 135. Shanghai, where medical conditions are relatively 32 Zhao zhongpeng, 'Law and Euthanasia', viewed at good,36 http://news.tom.com/Archive/1002/2003/7/22­ 41105.html on 22 July 2003. In this article, several legal professionals argued on the basis of PRC Constitution Analysis of opinions from different Chinese that euthanasia does not have any legal standing in social groups China. 33 Several submissions were submitted in Provincial Opinions to legalise euthanasia in China fall into People's Congress in September 1994 Guangxi several different categories. Generally speaking, Province, September 1998 Shananxi Province, and September 2004 Jiangsu Province. China Daily, 1 Feb the educated urban public hold a supportive view 2005. and medical experts split their voices into against 34 "The way a head for euthanasia in China", China and for. Interestingly, an overwhelming approach Daily, 1 Feb 2005 from legal professionals is concerning more about 35 ibid the practice and control. For politicians, they had a 36 ibid

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This diagram shows a typical pre-decided family matter to a high administrative level. However, the structure in China37 , which contains three genera­ answer will normally be negative.39 As a doctor tions; one child (grandchild), one working couple revealed in a newspaper interview40; (father and mother), and, two retired elder couples (grandparents38). All the burdens from the top and "...to any doctor, if they said they will ask for an approval the bottom will be placed to the second bottom level from the hospital level. They mean "no way" to this request...it where the working couple is. With an aging popula­ (approval ofeuthanasia) can only happen privately and quietly tion and longer life expectancy, plus the develop­ between the doctor and the patient with the family..." ment of medical science, the burden will be wors­ One question could also be raised here, why there ened. Moreover, medical cost ofthe elders normally were doctors who eventually agreed to assist with constitutes a big part of the financial burden espe­ the easy death. This article believes that sympathy cially when one or more family member has deadly could be one reason. As the doctor, they witness disease. Thus, any urgent relief of those burdens is their patient's suffering. They could be more dis­ bound to be considered. This reverse pyramid had tressed than patientfamily because oftheir medical started to pose a challenge to the regulators, public, knowledge. Some doctors are stronger in personal­ law, social welfare, national stability, economy ity while others are more emotional. One doctor development, public morality as well as some spe­ said in the same newspaper interview that41 cific issues including euthanasia. "...Iknow for sure that my hospital will say no to any request for euthanasia because the people who make decision do not The third possible consideration supporting need to see the patient personally and they have to safe them­ euthanasia is people's immoral mindsets. It is no selves from any unexpected consequences. If I were them, I doubt that people can be extremely selfish and would say nO...as a principle doctor, I see my patient every day, abandon their obligation as close family member. For those people, the supports of euthanasia is 37 This article holds a view that because ofthe compulso­ more likely to be an excuse, and sometimes, even a ry one child policy, majority of the Chinese family structure are to be the same more or less. Thus, a "pre­ false defence for a crime. decision family structure" is used here. 38 From both father's parents and mother's parents. Among medical experts, views spite into against 39 Wang Ji, above 48 and support. For those who against, the reason is 40 A number of interviews were conducted provincial mainly because of their worries about the possible wide by a group of journalists in Henan Daily, the legal consequence. Wang Mingcheng's court case most popularnewspaper in that province. The result of these interviews was published in an article called 'A and his "not guilty" sentence could not release any real opinion to euthanasia form our doctors' 28 concern form the doctors. The doctor's common September 2003,Henan Daily.. response to a request ofeuthanasia is to report the 41 lbdi

JIBL Vol 02 I 2005 171 ~ SCIENCE REPORT Grace Li I I I know they are weaker and weaker, I can (eel their sUffering... nurses in England and Switzerland taught such that makes difference...only the law can change..." lessons.44 I 2. it is always hard for legalisation process to inter­ Nevertheless, in China, law does not give any dict abuse from family members. People can answer and there is no sign shows that the law will abandon their morality obligations and go corne up with any answer in the near future either. against filial piety for simple selfish reasons The current Chinese legislation forbids any per­ 3. euthanasia legalisation can cause misunder­ son to "deprive others of their lives."42 If any doctor standings. Because ofpoor social medical system ends any patient's life by using drugs, it is entirely in China, most ofthe patients who choose to ter­ possible for the doctor to be charged with "deliber­ minate themselves before their time in order to ate killing" or likely to receive administrative pun­ save the family financially.45 For them, they ishment. There a number of easy death cases had believe death is only a step away, so prolonging been decided after Wang Mother's case.43 As of their life is meaningless but encumbrance to Chinese legal system does not regard precedent as both society and family. In another words, they the binding authority, even with the existence "not would like to commit suicide because of poverty guilty" court decision, almost all the later euthana­ - is this justifiable? sia lawsuits had been sentenced guilty in light of 4. As the famous pSYChiatrist, Professor Thomas Article 132 ofPRC Crime Act. Shuofer pointed out in his literature that patient with deadly diseases trends to make a suicide This paper believes that an inappropriate applica­ decision impetuously. They might regret later tion of the law could be easily found here. Article for their decision.46 In this sense, euthanasia is 132 of Crime Act falls into a category with severe not only immoral but even can help a tyrant to punishment such as death penalty and long period do evil.47 of imprisonment. Interestingly, all defendants 5. Doctor Hu Yamei said, in China, euthanasia have been sentenced in China only with the lightest legalisation could cause chaotic situation in allo­ sense of"killing." This was because the courts took cating the limited medical resources.48 into consideration of "good motivation" and "mild Terminating a dying patient could save limited harm to society" of the defendants' conducts. This medical resources to other patients with higher way of jUdging involves a category mistake. The possibility for recovery. However, this is again a matter is not whether those involved in euthanasia hardly justifiable ethic. should be punished heavily or lightly. Rather, plac­ Legal issues are to be clarified ing such cases under the crime ofmurder is a mis­ leading. Current law really needs a new particular Apart from a few countries in the world established provision that regulate such cases, so that they are laws granting the legality of euthanasia49, most of no longer considered as crime ofmurder. the countries are waiting in silence. This gives room for various debates of the following legal Major concerns in China for euthanasia legali­ issues in China: sation

Major concerns 42 Article 132 ofcurrent PRC Crime Act By examining various debates and interpretations 43 WangJi, above 76 in China and putting them into legalisation 44 Zhang guoqin, above 45 process, this article recapitulates some major con­ 45 Wang Ji, above 11 cerns as below: 46 Zhang guoqin, above 48 47 Long, 'The Dignity and Euthanasia -A Conversation 1. the immediate reason for patient and family to Between Medical Science and Philosophy', 2000, volume seek euthanasia is because of the unbearable 20, 6, Medical Science and Philosophy, Beijing 42-45 agony. With the fast developing medical tech­ 48 Hu yamei is an expert in paediatrics. She has published extensively in paediatrics and bioethics. See eg, 'My nologies, to define an obsoletely deadly disease note on euthanasia', 2001, Journal of Medical Science is not an easy task. The possibilities to find the and Humanities, Beijing 12. Also, 'About Our cure in the future are always there. Therefore, Children', 2002, Journal of Medical Science and Humanities, Beijing 34, and 'What Can We Do To legalising euthanasia will jeopardise doctor's Them', 2002, Beijing Daily, September 26. moral or professional obligations. The recent 49 Cui yitai, 'The Chinese Attitudes to Death and Mortality', exposal of metamorphic medical doctors and 2004, Tianjing People's Publishing House, 78.

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• Who should be the object ofeuthanasia and how 90% ofthe students had never have any type ofedu­ to define the point of time, on which one could cation about death. Some of them were even conclude the death ofthe patient is unavoidable? abstained from talking about it. The right to choose • What is the scope ofdefinition ofdeadly disease? the way to die was seen as a remote issue from their • To what extend that the patient's suffering could lives. With this extremely low level of awareness be treated as unbearable agony? form the university students; one can imagine the • How to differentiate a real cogitative request status for the mass population in China. from an impetuous decision? • How to justifythe decision made on behalfofthe Conclusion patient by the relatives or doctor? Euthanasia is receiving as much debates in China as This article also suggests that apart from current anywhere else. The current legislation fails to pro­ judicial resources in China, namely courts and vide answer. This article believes that there is an judges, a panel would be considered to join in the urgent need to the law of euthanasia in China. By trial ofeuthanasia cases. The panel members can be using Wang Mincheng's last word when his clock selected from academics and medical practitioners. stroked"...1 am afraid; I want to be alive..."51 , this By doing this, a better justice and a wider social article ends here with its belief- even with the most acceptance would more likely to be achieved. effective way ofmercy killing, the patients will not Moreover, a specialised independent bodyshould get the absolute peaceful death. be set up by the government. The body can be used to approve any legitimate method of terminating This is an end, but rather a beginning... life with deadly illness and agony. To guarantee public confidence, this proposed body should be totally independent, not to be in association with any medical and legal practice. In the end, public education about death is of 50 Zhang guoqin, above 12 urgent need in China. According to a study con­ 51 Qiu qiu, "New Humanity Movements and Pitfalls", arti­ ducted by Song Tang Guan Huai hospital50 to one cle viewed on 22 Feb 2005 at http://news.sina.com. thousand university students worked as volunteer, cn/C/2003-08-08/13451505113.shtml

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