Ⅰ. The legal patterns of euthanasia and doctor´s duty to keep life
In the legal regulation of euthanasia, the doctor´s duty to keep life should be weighed against the patient´s rights of self-determination or keeping human dignity. It is generally accepted that the doctor´s duty takes precedence of the patient´s rights in case of the positive euthanasia. As regards the indirect euthanasia, the doctor´s duty and the patient´s rights are valued equally. However, in the matter of the negative euthanasia, the patient´s rights are more important than the doctor´s duty.
Ⅱ. The structure of legitimating euthanasia
The extend of the doctor´s duty to keep life in the cases is judged by the judiciary. But, in case of euthanasia, there can be no substantial standard giving priority to certain rights and the judge can not be the appropriate subject of decision.
Ⅲ. The procedural legitimation of euthanasia
To perform legal euthanasia, the doctor should
① record the case history of patient and verify his/her incurability and severe pain,
② be demanded euthanasia continuously by the patient who accept euthanasia of his/her own free will,
③ discuss with the patient´s family or religionist,
④ discuss with other doctors about performing euthanasia,
⑤ keep records of the euthanasia process.
If these requisites are fulfilled, the right of final decision on euthanasia should be given to doctor. And the doctor has also the obligation of keeping the euthanasia procedure which is controlled by the criminal sanctions.
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