Application of Presumptive Consent in Passive Euthanasia

ZHANG Guixiang

Abstract: In the criminological system, passive euthanasia is an act that meets the constitutive elements. We should discard the traditional view of distinguishing between acts and omissions, but use genuine consent or presumptive consent under the patient's right to self-determination as the basis for its justification. In general, the patient's genuine consent takes precedence, but in case of the unavailability of the patient's genuine consent, his or her presumptive consent should be applied as a substitute. The judgment of presumptive consent should follow the subsequence, with the living will of the patient applied first and then the substitute decision-making. If the patient's personal will cannot be inferred after exhausting all available possibilities, the principle of prioritizing the interests of life should prevail, and the ongoing life-sustaining medical care should not be interrupted or terminated.

Keywords: passive euthanasia · presumptive consent · genuine consent · right to self-determination