1、Euthanasia曹美英 李珊珊 孔陽 劉薈 劉婷吳永生 熊兆鋒 王慶選 徐家文 沈樂1234567. What is Euthanasia. Euthanasia and Criminal Law. The Types of Euthanasia. Issues of Euthanasia. Opinions. The Situation. SummaryContent. What is Euthanasia Palliative care is specialised care and support provided for someone living with a terminal

2、 illness（晚期病癥）. Importantly, palliative care also involves care and support for family and caregivers（護(hù)理者）. The goal of palliative care is to improve quality of life for patients, their families and caregivers by providing care that addresses（滿足需求） the many needs patients, families and caregivers ha

3、ve: 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?2.What is a good death? In a Gallup poll in America, more than 70% of individuals surveyed feared dyi

4、ng in pain or alone without the chance to say good-bye.Twelve principlesto know when death is coming, and to understand what can be expected to be able to retain control of what happens to be afforded dignity and privacy to have control over pain relief and other symptom control to have choice and c

5、ontrol over where death occurs (at home or elsewhere) to have access to information and expertise of whatever kind is necessary to have access to any spiritual or emotional support required to have access to hospice care in any location, not only in hospital to have control over who is present and w

6、ho shares the end to be able to issue advance directives which ensure wishes are respected to have time to say goodbye, and control over other aspects of timing to be able to leave when it is time to go, and not to have life prolonged pointlessly . The Situation The Netherlands is the first country

7、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 common practice there today. In the Netherlands, in April 2001, a law was passed that allows physi

8、cians 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 patient that he suffers unacceptably and can only co-operate when he or she has consulted two colleagu

9、es 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.Netherlands 1.The patient must be experiencing unbearable pain.2.The patient must be conscious.3.The death

10、 request must be voluntary.4.The patient must have been given alternatives to euthanasia and time to consider these alternatives.5.There must be no other reasonable solutions to the problem.6.The patients death cannot inflict unnecessary suffering on others.7.There must be more than one person invol

11、ved in the euthanasia decision.8.Only a doctor can euthanize a patient.9.Great care must be taken in actually making the death decision. The Belgian Act on Euthanasia came into force on 23 September 2002, making Belgium the second country to allow euthanasiaunder certain due-care conditions. Sweden

12、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 go without punishment altogether. Acceleration of death by pain alleviating methods is illegal if it accelerates death mo

13、re 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 been initiated, it ought to be legal to discontinue it, when there is no hope of recovery and death seems imminent. Besides S

14、weden, there are about ten countries in Europe allow passive euthanasia, Including Austria, Denmark, France, Germany, Hungary, Norway, Slovakia, Spain and Switzerland.The US The US has a spotted history of law reform on voluntary euthanasia and physician-assisted dying. There are now three states wi

15、th Death with Dignity laws - Oregon , Washington and Montana. Oregon was the first state to pass a Death With Dignity (DWD) Act which it did in 1994 after a Citizen Initiated Referendum(公投).These Death With Dignity Acts allow people who are terminally or hopelessly ill to ask their doctors for letha

16、l medication. Patients must make two verbal requests and one written request that is fully witnessed. Two doctors must agree on the patients diagnosis, prognosis and the patients capability. The patient must administer the lethal medication themselves. This part just talk about the relationship betw

17、een euthanasia and criminal law.Then try to find some reasonable explanation.Euthanasia and Criminal Law1.The general provisions of the criminal law（刑法總則） and euthanasia(1) The fundamental principle of criminal law and euthanasia and euthanasia. the principle of legally prescribed punishment for a s

18、pecified crime(罪刑法定原則）tell us that euthanasia constituted the crime is inappropriate.Because there is no direct norms we could find in the criminal law.(3)The purpose of the criminal law Legal interest protection(保護(hù)法益）is the main purpose of the criminal law. To some point,euthanasia indeed violated(

19、侵犯)the interests of the party.The most typical is the interest of life and health. And resulting in a possible consequences: 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 shou

20、ld be given protection.(4)Criminal law interpretations(刑法解釋） 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（大陸法）.But the definition of euthanasia is still controversial today.

21、（5）The Functions of Criminal Law（刑法機(jī)能）and Euthanasia The functions of criminal law is refer to the effectiveness in reality. The Functions of Criminal Law： 1、Behavior regulation function.（行為規(guī)制機(jī)能） 2、Legal interest protection function. 3、Protection of human rights function. So as a Criminal Law： One h

22、and, it shall protect 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 t

23、o a dilemma 2.The specific provisions of criminal law and euthanasia Sometimes，euthanasia will meet the specific crime constitutes.So we should analyze specific issues to determine charges(確定罪名）. For example： Euthanasia constituted the crime of intentional homicide（故意殺人）. Because it has the criminal

24、 intent，and objectively harmful behavior and harm results. . The Types of Euthanasia Significance of Research As an ancient topic, euthanasia is still in a great controversy in pluralistic society. Discussing and analysing the type of euthanasia may refine and narrow the controversial field, and hel

25、p to clear the object of euthanasia, the purpose of euthanasia, the implementation way of euthanasia and even the essence of euthanasia as well.(1) Special Euthanasia special euthanasia: it refers to a way which leads to the rapid death without pain for patients who suffer terminal disease and in ex

26、treme pain .(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 birth or dementia, some severe psycho

27、tic, severely disabled people in society and vegetative being in narcose.2.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. (2)Involuntary Euthanasia: it generally refers to take the m

28、easure 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, mental patients and patients whose intelligence

29、is serious low.3.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.(1) Active Euthanasia active euthanasia, also be called as positive euthanasia, means that the medical staf

30、f take some measures to hasten terminally dying patients death process in order to relieve their suffering.(2) Passive Euthanasia passive euthanasia , which is also known as negative euthanasia, means that for forking and dying patients ,the medical personnel suspend cure measures which have the fun

31、ction of sustaining life to shorten the duration after the patients into irreversible death process for the sake of relieving their pain .4.The fourth kind of classification According to the different properties and degree of death pain, along with different methods and degree of eliminating the pai

32、n, euthanasia can be divided into type A euthanasia, type B euthanasia and type C euthanasia.(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 C euthanasia refers to terminate the death process to relieve pain.Issues

33、 of EuthanasiaThe issue has been at the centre of very heated debates for many years and is surrounded by religious, ethical ,practical considerations and so on.1.The legal positionEuthanasia is illegal in most countries, although doctors do sometimes carry out euthanasia even where it is illegal.Eu

34、thanasia 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.Under the 1961 Suicide Act, it is also a criminal offence in Britain, punishable by 14 years impris

35、onment, to assist, aid or counsel somebody in relation to taking their own life.Nevertheless, the authorities may decide not to prosecute in cases of euthanasia after taking into account the circumstances of the death.In September 2009 the Director of Public Prosecutions was forced by an appeal to t

36、he 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-off occurrence in order to avoid a prosecution.2.The ethics of euthanasia is it ever right to end the

37、life of a terminally ill patient who is undergoing severe pain and suffering? under what circumstances can euthanasia be justifiable, if at all? is there a moral difference between killing someone and letting them die? At the heart of these arguments are the different ideas that people have about th

38、e meaning and value of human existence.Should human beings have the right to decide on issues of life and death?3. practical issues Some people think that euthanasia shouldnt be allowed, even if it was morally right, because it could be abused and used as a cover（幌子，偽裝） for murder.Killing or letting

39、 dieEuthanasia 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 keep their feeding tube（喂食管）going).Extraordinary medical careIt is not euthanasia if a patient dies as a result of refusing ex

40、traordinary or burdensome medical treatment（特殊或繁重的藥物治療）4.Religions issuesDeath is one of the most important things that religions deal with.All faiths offer meaning and explanations for death and dying; all faiths try to find a place for death and dying within human experience.For those left behind

41、when someone dies religions provide rituals to mark death, and ceremonies to remember those who have died.Religions provide understanding and comfort for those who are facing death.Religions regard understanding death and dying as vital to finding meaning in human life. Dying is often seen as an occ

42、asion for getting powerful spiritual insights as well as for preparing for whatever afterlife may be to come.So its not surprising that all faiths have strong views on euthanasia.Opinions1.In favor of euthanasia Legalization of EuthanasiaBenefits 2 1 3 4reduce the pain of patients reduce the burden

43、of the family reduce the burden of the society. promote the development of the medical treatmentStill alive or died with euthanasia Polls of euthanasia AgreeObJectNeutral243145 Now we can demonstrated the legalization of euthanasia from human nature and living reality: The formation of the concept o

44、f human rights is based on our emotion.Now I will share two proverbs with you. First, “Expend the respect of the aged in ones family to that of other families; expend the love of the young ones in ones 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 anyon

45、e else(己所不欲，勿施于人) These thoughts contain the humanity to the similar instinctively 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 eut

46、hanasia can reduce medical burden and make the patients and their relatives free.The voices of the patients 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

47、. And in some other countries, the consequence even achieve 90%. “The 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. First, confirm the legalization o

48、f euthanasia, can reduce the pain of patients. According to the ministry 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 pe

49、ople among the victims have asked for euthanasia, but because of 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

50、the humanitarian are concerned, life must be protected, but when 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 the

51、y wish, it maintain the dignity of personality, reduce the pain of 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.Second, confirm the legalization of euthanasia, can reduce the burden of th

52、e family. The relatives of the patients have mental responsibility 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. T

53、his is excessive worthless requirements. At the same time, euthanasia 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.Third,

54、 confirmed the legalization of euthanasia , can reduce 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

55、 in maintaining the meaningless of life. At present, in 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. Forth, confirmed the l

56、egalization of euthanasia, can promote the development 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.

57、 Especially in the present arduous medical work, difficult circumstances that the patient to see a doctor, it has more rich practical meaning .In 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

58、 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 I choose euthanasia!Comparison the criminal substantive character

59、istic euthanasia and intentional homicide euthanasia and suicideObject(客體)Subjective（主觀方面）The serious social harmfulnessCriminalityEuthanasia Intentional homicide Motivation goodVicious(惡意的) Implementation of subject (實(shí)施主體)doctor anyone Implementation of object（實(shí)施對(duì)象）the patient who is at deaths door

60、 anyone The bearers subjective desire (實(shí)施對(duì)象的主觀愿望) Initiative and voluntary; in a clear-minded headPassive; no the intentionThe way of behaviorin a kind and painless way under social ethical and humanitarian principlesViolence illegallyImplementation of processthe authorization of Legal norm in accor