Abstract: Under the impact of the aging population, more and more end-stage elderly patients are suffering from physical and mental pain, as well as a loss of dignity, which objectively increases the demand for palliative care services among the elderly. In recent years, the right to palliative care has gradually gained international recognition. At present, although China has not yet formulated national level legislation on palliative care, its constitutional law, laws, and policies can provide sufficient legal basis for the right to palliative care. On the basis of pilot projects in local areas of palliative care in China, future legislation on palliative care in China should follow the legal protection principles of a multi-level service system, patient informed selection, cautious review, holistic care, and a multidisciplinary service model.