法律英语(刑法)ppt

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1、LOGO Euthanasia 曹 美 英 李 珊 珊 孔 阳 刘 荟 刘 婷吴 永 生 熊 兆 锋 王 庆 选 徐 家 文 沈 乐 LOGO . What is Euthanasia . Euthanasia and Criminal Law . The Types of Euthanasia . Issues of Euthanasia . Opinions . The Situation . SummaryContent LOGO . What is Euthanasia LOGOv Palliative care is specialised care and support prov

2、ided for someone living with a terminal illness（ 晚 期 病 症 ） . Importantly, palliative care also involves care and support for family and caregivers（ 护 理 者 ） . The goal of palliative care is to improve quality of life for patients, their families and caregivers by providing care that addresses（ 满 足 需求

3、 ） the many needs patients, families and caregivers have: physical (including treatment of pain and other symptoms), emotional, social, cultural and spiritual. Palliative care aims to help the patient live as well as possible. 1.What is palliative care? LOGO Palliative care offers support to help fa

4、mily and caregivers manage during the patients illness and in bereavement(亲 人 丧 亡 ). As a person receiving palliative care, the patient is an important partner in planning their care and managing their illness. When people are well informed, participate in treatment decisions and communicate openly

5、with their doctors and other health professionals, they help make their care as effective as possible. Care planning is an important process in ensuring the patients wishes, in relation to their care, are met. Patients should speak to their doctor about advance care planning and advance care directi

6、ves. LOGO2.What is a good death? vIn a Gallup poll in America, more than 70% of individuals surveyed feared dying in pain or alone without the chance to say good-bye. LOGO Twelve principlesv to know when death is coming, and to understand what can be expected v to be able to retain control of what h

7、appens v to be afforded dignity and privacy v to have control over pain relief and other symptom control v to have choice and control over where death occurs (at home or elsewhere) v to have access to information and expertise of whatever kind is necessary v to have access to any spiritual or emotio

8、nal support required v to have access to hospice care in any location, not only in hospital v to have control over who is present and who shares the end v to be able to issue advance directives which ensure wishes are respected v to have time to say goodbye, and control over other aspects of timing

9、v to be able to leave when it is time to go, and not to have life prolonged pointlessly LOGO3.What is Euthanasia? vEuthanasia is the termination of a very sick persons life in order to relieve them of their suffering.vA person who undergoes euthanasia usually has an incurable condition. But there ar

10、e other instances where some people want their life to be ended.vIn many cases, it is carried out at the persons request but there are times when they may be too ill and the decision is made by relatives, medics（ 医 护 人 员 ） or, in some instances, the courts.vThe term is derived from the Greek word eu

11、thanatos which means easy death. LOGO . The Situation LOGOv The Netherlands is the first country in the world where euthanasia is legal. Some twenty years ago, people in the Netherlands, well-intentioned physicians among them, began a process that has made physician-assisted suicide and euthanasia c

12、ommon practice there today. In the Netherlands, in April 2001, a law was passed that allows physicians to perform euthanasia but only when the patient has expressed explicitly the desire to die in order to prevent or end unacceptable suffer. Additionally, the physician must also agree with the patie

13、nt that he suffers unacceptably and can only co-operate when he or she has consulted two colleagues who agree that euthanasia is acceptable in the given case and under the given circumstances. Given all these conditions, the physician needs the substances with which he can help the patient.Netherlan

14、ds LOGOv1.The patient must be experiencing unbearable pain.v2.The patient must be conscious.v3.The death request must be voluntary.v4.The patient must have been given alternatives to euthanasia and time to consider these alternatives.v5.There must be no other reasonable solutions to the problem.v6.T

15、he patients death cannot inflict unnecessary suffering on others.v7.There must be more than one person involved in the euthanasia decision.v8.Only a doctor can euthanize a patient.v9.Great care must be taken in actually making the death decision. LOGOvThe Belgian Act on Euthanasia came into force on

16、 23 September 2002, making Belgium the second country to allow euthanasia under certain due-care conditions. LOGO Swedenv The legal position in Sweden concerning euthanasia is that active euthanasia is illegal and regarded as murder. In certain conditions, however, it can get a lenient punishment or

17、 go without punishment altogether. Acceleration of death by pain alleviating methods is illegal if it accelerates death more than is necessary to alleviate pain. Passive euthanasia in the form of forbearance to initiate life-sustaining treatment in a hopeless case is legal. If such treatment has bee

18、n initiated, it ought to be legal to discontinue it, when there is no hope of recovery and death seems imminent.v Besides Sweden, there are about ten countries in Europe allow passive euthanasia, Including Austria, Denmark, France, Germany, Hungary, Norway, Slovakia, Spain and Switzerland. LOGO The

19、USv The US has a spotted history of law reform on voluntary euthanasia and physician-assisted dying. There are now three states with Death with Dignity laws - Oregon , Washington and Montana.v Oregon was the first state to pass a Death With Dignity (DWD) Act which it did in 1994 after a Citizen Init

20、iated Referendum(公 投 ).These Death With Dignity Acts allow people who are terminally or hopelessly ill to ask their doctors for lethal medication. Patients must make two verbal requests and one written request that is fully witnessed. Two doctors must agree on the patient s diagnosis, prognosis and

21、the patients capability . The patient must administer the lethal medication themselves. LOGO Chinav There is no law about using euthanasia in China. Doctors and family members who help the patients to make the euthanasia happen are guilty of murder under present laws. v There is a survey about 800 t

22、erminal cancer patients. The result is 30% patients want to use euthanasia. However, legalization of euthanasia will involve many questions ,such as moral principles, ethics and the quality of citizens. So, it is still premature to pass a law on euthanasia in China. LOGO This part just talk about th

23、e relationship between euthanasia and criminal law.Then try to find some reasonable explanation. .Euthanasia and Criminal Law LOGO1.The general provisions of the criminal law（ 刑 法总 则 ） and euthanasiav(1) The fundamental principle of criminal law and euthanasia and euthanasia. the principle of legall

24、y prescribed punishment for a specified crime(罪 刑 法 定 原 则 ） tell us that euthanasia constituted the crime is inappropriate.Because there is no direct norms we could find in the criminal law. LOGOv(2) The Basic characteristics of crime. crime Social harmfulnessDisapprobation possibility(非 难 可 能 性 ）Co

25、mpared with other major crime， euthanasia has less social harmfulness. LOGOv(3)The purpose of the criminal law Legal interest protection(保 护 法 益 ） is the main purpose of the criminal law. To some point,euthanasia indeed violated(侵 犯 )the interests of the party.The most typical is the interest of lif

26、e and health. And resulting in a possible consequences: LOGO If we allow this happen with no contraint ,it must be more and more people abuse the euthanasia to violated the interests of the party. From this perspective,criminal law should be given protection. LOGOv(4)Criminal law interpretations(刑 法

27、 解 释 ） and Euthanasia Even if euthanasia constituted the crime，we need to solve a more harder problem ：what is euthanasia？ Have a clear definition is the requirement of civil law（ 大 陆 法 ） .But the definition of euthanasia is still controversial today. LOGOv（ 5） The Functions of Criminal Law（ 刑 法 机 能

28、 ）and Euthanasia The functions of criminal law is refer to the effectiveness in reality. The Functions of Criminal Law： 1、 Behavior regulation function.（ 行 为 规 制 机 能 ） 2、 Legal interest protection function. 3、 Protection of human rights function. LOGO So as a Criminal Law： One hand, it shall protect

29、 the legal interest and human rights.To this point， the Criminal Law cant turn a blind eye to euthanasia. On the other hand,it also shall regulate this behavior.But finally， we find that it may harder than definite the euthanasia . As a result， this problem lead the Criminal Law to a dilemma LOGO2.T

30、he specific provisions of criminal law and euthanasia Sometimes， euthanasia will meet the specific crime constitutes.So we should analyze specific issues to determine charges(确 定 罪 名 ） . For example： Euthanasia constituted the crime of intentional homicide（ 故 意 杀 人 ） . Because it has the criminal in

31、tent， and objectively harmful behavior and harm results. LOGOv But if euthanasia is caused by medical personnel fail seriously to carry out their responsibility， it constitute medical malpractice（ 医 疗 事 故 罪 ） . LOGO . The Types of Euthanasia LOGO Significance of Research As an ancient topic, euthana

32、sia is still in a great controversy in pluralistic society. Discussing and analysing the type of euthanasia may refine and narrow the controversial field, and help to clear the object of euthanasia, the purpose of euthanasia, the implementation way of euthanasia and even the essence of euthanasia as

33、 well. LOGO1.The first kind of classification According to the applicable specific object, euthanasia can be divided into special euthanasia and generalized euthanasia. LOGO (1) Special Euthanasia special euthanasia: it refers to a way which leads to the rapid death without pain for patients who suf

34、fer terminal disease and in extreme pain . LOGO (2) Generalized Euthanasia generalized euthanasia: in addition to including relevant content of special euthanasia, it still includes to lead to the death without feeling pain for these people. They are infants who are serious disabled when they were b

35、irth or dementia, some severe psychotic, severely disabled people in society and vegetative being in narcose. LOGO2.The second kind of classification(1)Voluntary Euthanasia: it refers to carry out euthanasia for patients who require or have had desire, or agreed to be euthanized. LOGO (2)Involuntary

36、 Euthanasia: it generally refers to take the measure of euthanasia, according to his relatives application, for those incapacitated patients, namely patients who cannot say “ I demand, desire or consent of euthanasia” , such as for severely deformed babies, brain dead patients, comatose patients, me

37、ntal patients and patients whose intelligence is serious low. LOGO3.The third kind of classification According to the different terminal medical measures the doctor takes ,euthanasia can be divided into active euthanasia and passive euthanasia. LOGO (1) Active Euthanasia active euthanasia, also be c

38、alled as positive euthanasia, means that the medical staff take some measures to hasten terminally dying patients death process in order to relieve their suffering. LOGO (2) Passive Euthanasia passive euthanasia , which is also known as negative euthanasia, means that for forking and dying patients

39、,the medical personnel suspend cure measures which have the function of sustaining life to shorten the duration after the patients into irreversible death process for the sake of relieving their pain . LOGO4.The fourth kind of classification According to the different properties and degree of death

40、pain, along with different methods and degree of eliminating the pain, euthanasia can be divided into type A euthanasia, type B euthanasia and type C euthanasia. LOGO(1)Type A euthanasia is to eliminate pain and treat as usual.(2)Type B euthanasia is to eliminate pain and give up treatment. (3)Type

41、C euthanasia refers to terminate the death process to relieve pain. LOGO .Issues of Euthanasia LOGOvThe issue has been at the centre of very heated debates for many years and is surrounded by religious, ethical ,practical considerations and so on. LOGO1.The legal positionvEuthanasia is illegal in mo

42、st countries, although doctors do sometimes carry out euthanasia even where it is illegal.vEuthanasia is illegal in Britain. To kill another person deliberately is murder or manslaughter, even if the other person asks you to kill them. Anyone doing so could potentially face 14 years in prison.vUnder

43、 the 1961 Suicide Act, it is also a criminal offence in Britain, punishable by 14 years imprisonment, to assist, aid or counsel somebody in relation to taking their own life. LOGOvNevertheless, the authorities may decide not to prosecute in cases of euthanasia after taking into account the circumsta

44、nces of the death.vIn September 2009 the Director of Public Prosecutions was forced by an appeal to the House of Lords to make public the criteria that influence whether a person is prosecuted. The factors put a large emphasis on the suspect knowing the person who died and on the death being a one-o

45、ff occurrence in order to avoid a prosecution. LOGO2.The ethics of euthanasia vis it ever right to end the life of a terminally ill patient who is undergoing severe pain and suffering? vunder what circumstances can euthanasia be justifiable, if at all? vis there a moral difference between killing so

46、meone and letting them die? vAt the heart of these arguments are the different ideas that people have about the meaning and value of human existence.vShould human beings have the right to decide on issues of life and death? LOGO3. practical issues vSome people think that euthanasia shouldnt be allow

47、ed, even if it was morally right, because it could be abused and used as a cover（ 幌 子 ， 伪 装 ） for murder.vKilling or letting dievEuthanasia can be carried out either by taking actions, including giving a lethal injection, or by not doing what is necessary to keep a person alive (such as failing to k

48、eep their feeding tube（ 喂 食 管 ） going).vExtraordinary medical carevIt is not euthanasia if a patient dies as a result of refusing extraordinary or burdensome medical treatment（ 特 殊 或 繁 重的 药 物 治 疗 ） LOGO4.Religions issuesvDeath is one of the most important things that religions deal with.vAll faiths

49、offer meaning and explanations for death and dying; all faiths try to find a place for death and dying within human experience.vFor those left behind when someone dies religions provide rituals to mark death, and ceremonies to remember those who have died.vReligions provide understanding and comfort

50、 for those who are facing death.vReligions regard understanding death and dying as vital to finding meaning in human life. Dying is often seen as an occasion for getting powerful spiritual insights as well as for preparing for whatever afterlife may be to come.vSo its not surprising that all faiths

51、have strong views on euthanasia. LOGO .Opinions LOGO 1.In favor of euthanasia Legalization of Euthanasia LOGOBenefits 2 1 3 4 reduce the pain of patients reduce the burden of the family reduce the burden of the society. promote the development of the medical treatment LOGOStill alive or died with eu

52、thanasia LOGOPolls of euthanasia AgreeObJectN eutral 24 31 45 LOGO Now we can demonstrated the legalization of euthanasia from human nature and living reality: The formation of the concept of human rights is based on our emotion.Now I will share two proverbs with you. First, “ Expend the respect of

53、the aged in one s family to that of other families; expend the love of the young ones in one s family to that of other families.” (老 吾 老 ， 以 及 人 之 老 ； 幼 吾 幼 ， 以 及 人 之 幼 )Second, Never impose your beliefs on anyone else(己 所 不 欲 ， 勿 施 于 人 ) These thoughts contain the humanity to the similar instinctiv

54、ely emotion recognition and respect .It is the sublimation of human identity produced consciousness of human rights. It is also for the sense that made euthanasia has a wide range of social foundation . Implementation euthanasia can reduce medical burden and make the patients and their relatives fre

55、e. LOGOThe voices of the patients LOGO Recent years, all over the country made various polls about euthanasia. According to statistics, in Beijing, Shanghai, Heilongjiang , more than 80% of therespondents are in favor of euthanasia. And in some other countries, the consequence even achieve 90%. “The

56、 peaceful death was inferior that is barely existing” is no longer the principle of survival. The legalization of euthanasia, it is the common aspiration of the people, is in favor with the public. LOGOFirst, confirm the legalization of euthanasia, can reduce the pain of patients. According to the m

57、inistry of health of the national population and the relevant statistics, each year in our country the number of people killed is nearly 1 0 million, among them more than 1 million people is gone in extreme pain . And quite a lot of people among the victims have asked for euthanasia, but because of

58、legal reason, he was rejected and ultimate died with pain, helpless, regret. In this case, what is euthanasia conforms to the humanitarian? Or let the disease slowly torture, swallow the patients life more accord with humanitarian? As the humanitarian are concerned, life must be protected, but when

59、a person is on the verge of death and can not be treated. Using of existing medical conditions and strong struggle are futile. At this time, the protection of life has lost its any practical significance. Carrying out euthanasia as they wish, it maintain the dignity of personality, reduce the pain o

60、f patients, and avoid the family members and friends and relatives watch the dead patients suffering torture. It prefer die to live when born with hopelessness. LOGOSecond, confirm the legalization of euthanasia, can reduce the burden of the family. The relatives of the patients have mental responsi

61、bility and economic responsibility to the patients. In order to be able to extend a patients life, they often need to use expensive medical equipment, pay the heavy material price, which severely reduces the whole familys quality of life. This is excessive worthless requirements. At the same time, e

62、uthanasia is also better for the dead mans family members and relatives and friends recovering from the spiritual pain as soon as possible. They can join in the normal study, work and life for the demand of social development quickly. LOGOThird, confirmed the legalization of euthanasia , can reduce

63、the burden of the society. People live in society, it is the society which finally bear the liability of patient. Society have the obligation to distribution corresponding resources to solve problems, but there is no need to keep its consumption in maintaining the meaningless of life. At present, in

64、 China there are a lot of poor areas lacking of medical treatment, someone often died or got deformity for not get good treatment. So, in limited health resource society, it should be put to save the significance patients. LOGOForth, confirmed the legalization of euthanasia, can promote the developm

65、ent of the medical treatment. Carrying out euthanasia for those with incurable disease, medical person can release from multifarious and unprofitable job, make more energy to conquer incurable diseases, give benefit and fresh hope to other patients. Especially in the present arduous medical work, di

66、fficult circumstances that the patient to see a doctor, it has more rich practical meaning . LOGOIn short, people should be have value, dignity and happiness in life. When alive is of no value, has become a pain, a kind of burden, euthanasia is a kind of liberation. We expect the day that euthanasia become legal. At the same time we also hope lawmakers formulate standard strict laws from comprehensive consideration, to overcome the negative effect after the legalization of euthanasia LOGO I choo