论"安乐死"的构成要素及道德冲突——基于医疗领域内对人的生命的一种医疗干预

严格意义上的"安乐死"即法律上应予以合法化的"安乐死",是指在医疗领域发生的,由医护人员来实施的,由疾病患者所要求并且由疾病患者来承担的,旨在无痛苦地解除患者痛苦并且该目的之实现在技术和操作上是可行的一种人为致人死亡的死亡实施或死亡过程."安乐死"之所以为社会所广泛关注和争议,除了"安乐死"在具体实施方面的有关困难和风险之外,就是因为它必然地涉及各种尖锐复杂的伦理关系,并深刻地蕴含着来自人类若干普遍性道德原则的价值冲突.

"Euthanasia" Inscapes and Ethical Conflicts--as a medical interference in human's life in the medical field

Euthanasia, especially euthanasia connected with the law, has been a public concern in Europe and North America and other developed countries since 1960's. And it had remained a great controversial issue in the Mainland of China in the 1980's owing to the Euthanasia Case of Hanzhong, in Shaanxi Province. Now, the phenomena or the problems of euthanasia are often discussed or reported in the media in China such as newspapers, magazines, internet, radio, TV and so on. In the broad sense, euthanasia means "to die serenely and painlessly" or "serene and painless dying technology". In other words, it means "a gentle and painless death for a person" or "bringing about of a gentle and painless death to a person". In most countries and regions, it is against the law for doctors or others to practice euthanasia. And strictly speaking, in our opinion, euthanasia which should be recognized by the law of a nation is carrying death into execution or dying process that happens in the medical field and assisted by medical staff because patients demand it and promise to bear it. The aim is to painlessly relieve their pains and the precondition is the feasibility in technology and operation. The death undertaker and enforcer and concrete dying operation procedures should all meet corresponding regulations. Euthanasia causes comprehensive social attention and controversies. Besides being difficult and risky in its concrete implementation, it is inevitably involved in various, complex ethical relations, and is engaged in values conflicts of universal mankind morality.