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英国essay代写:The legalization of euthanasia

2018-09-13 | 来源:51due教员组 | 类别:Essay代写范文

本篇essay代写- The legalization of euthanasia讨论了安乐死的合法性。死亡问题,是每一个活着的人都不可回避的问题。死亡作为一个重要法律事件,必将会引起与之相关的许多法律后果。安乐死的本质不是授人以死,而是授死者以安乐,不是解决生还是死的问题,而是要保证死的质量。虽然安乐死的情况一直都有发生,但其合法性却一直没被通过。本篇essay代写51due代写平台整理,供大家从参考阅读。

legalization of euthanasia,安乐死合法性,essay代写,代写,paper代写

At present, euthanasia is still regarded as an illegal act in the judicial practice of our country, and it is convicted and punished by intentional homicide. However, the essence of euthanasia is not to teach the dead, but to teach the dead to live happily. Therefore, the issue of the legalization of euthanasia has been debated for a long time.

Death is an inevitable problem for every living person. As an important legal event, death of human will inevitably cause many legal consequences related to it. The death of human, reflected the general law of metabolism, but the way of death has different. The essence of euthanasia is not to give death, but to give the dead comfort, not to solve the problem of life or death, but to guarantee the quality of death. Based on the inevitability of death and the importance of legal significance, the author tries to discuss the legalization of euthanasia, so as to realize the legalization of euthanasia by building a specific criminal law system and effectively promote the construction of socialist legal system.

Source and old Greek euthanasia, euthanasia is a word in which the eu is "good" meaning, thanasia means "death", add up to is "good death". In the Oxford legal guide, euthanasia is defined as: "measures taken to cause or expedite death at the request of an incorrigible or terminally ill patient." encyclopedia volumes of law of the People's Republic of China, euthanasia is defined as: "for modern medicine cannot save the approaching death of the patient, the doctor in person sincerely commissioned under the premise of to reduce the unbearable pain, the patient can take measures in advance to end the patient's life."

At present, in the judicial practice of our country, the crime of intentional homicide is convicted for euthanasia, and the specific situation of the victim and the accused decides whether to reduce the punishment, not to mention the question of "euthanasia". The author thinks that with the social progress, people pay more and more attention to the quality of life, and the legislation of euthanasia should be put on the agenda. The non-criminal nature of euthanasia is the first problem to be solved in the legalization of euthanasia.

First of all, China's current criminal law regards the principle of statutory punishment for crimes as a basic principle. Article 3 of China's criminal law stipulates: "if the law expressly provides for a criminal act, the criminal shall be convicted and punished in accordance with the law. If the law does not expressly provide for a criminal act, it shall not be convicted or punished. That is to say, the law does not expressly provide that it is not a crime, the law does not provide that it is not a punishment. There is no explicit stipulation in the current criminal law of China that euthanasia is a crime and should be punished, so it lacks legal basis to treat it as a crime.

Secondly, according to the provisions on the nature of crime in China's criminal law, any crime must have three characteristics: social harmfulness, criminal illegality and punishable penalty. One of the social harmfulness is the essential characteristic, the euthanasia behavior is for terminally ill patients suffering from terminal, and is not a violation of patients' life, on the contrary, is on the basis of respect for life with respect to the manner of death in patients with optimization, and can reduce the burden on the social and family in the physical, mental, so there is no harmful to the society, does not constitute a crime. A crime is an act that violates the criminal law, that is, it is a criminal offense and should be punished by punishment. But euthanasia is also socially beneficial and not socially harmful. According to the view of causality in criminal jurisprudence, there is no action that endangers society, nor is there any consequence that endangers society. Therefore, euthanasia is not illegal and should not be punished.

Thirdly, the perpetrator of euthanasia is not subjective and malignant and does not meet the purpose of applying the penalty. The purpose of punishment in our country is to prevent crime. However, the doer who carries out euthanasia according to strict regulations and procedures is not an unstable person in the society, and his behavior is not harmful to the society. Moreover, it is carried out at the request of a terminally ill patient, and there is no objective and motive of crime subjectively. Therefore, prevention should not target them.

Finally, the practice of euthanasia can reflect the superior benefit principle of the terminally ill patients. When discussing the legal benefits of patients, it is necessary to involve the balance comparison of interests. In general, we recognize the right to life as the highest legal benefit for patients. However, the value and significance of the right to life is bound to be greatly reduced when the individual life enters the state of near-death and cannot be brought back to life. In the sense of terminal illness, death far outweighs recovery, and patients inevitably choose to save and even reduce the loss of vested interests and repay the economic debt incurred by expected benefits in the measurement of meaningless saving their lives and preserving their life interests. Therefore, there is no doubt that the obtained life benefit has the highest advantage for the patients of euthanasia.

At the same time, we should also be aware of the potential problems caused by the legalization of euthanasia. For example, euthanasia may be abused, not easy to protect civil rights, and in some ways even connivance in crime. Said, from the social consequences if euthanasia, mean granted to a person or a department over the power of life in some patients, this might be caused by the name of euthanasia, difficult to control the situation of the reality of the line to kill, can also cause doctors to kill, and support the responsibility indifference between family members, and even abuse of opportunity, make patient life is wanton abuse, is difficult to make up for the bad consequences. This makes it convenient for euthanasia to be used for killing people. It is not conducive to the protection of innocent civil rights, social stability and unity, and the maintenance of the legal system. Therefore, the author thinks that a strict legal system is needed to carry out legal euthanasia.

The author believes that strict legal system design is needed to control euthanasia, including strict conditions for euthanasia implementation, strict procedure for euthanasia implementation, and strict punishment principle for illegal euthanasia.

The idea of euthanasia procedure is that a complete euthanasia procedure should include four stages: application, review, approval and implementation.

First, applicants should be terminally ill and suffering from extreme pain. The applicant shall apply to the people's court in written form on the basis of a city-level medical unit and the certificate of the attending physician with a certain professional title.

After receiving the application, the people's court should organize a committee to review the application in the shortest possible time in order to alleviate the pain of patients. The contents of the review should include professional review and judicial review.

The people's court, after receiving the report of professional review and judicial review, should examine these materials carefully and seek the opinions of patients again, and give the approval of the application for euthanasia.

Upon receipt of the court's decision, the medical unit shall, within the prescribed time, be prepared for all matters related to the implementation of euthanasia. Upon completion of the execution, all relevant personnel shall sign the related materials and transfer the related materials to the court for filing and confidentiality. A certificate issued by the court to the patient's family.

Euthanasia can only be applied to the terminally ill, dying and suffering patients. This is the most essential condition for the legalization of euthanasia. If this condition is not met, and the implementation of euthanasia, should be the criminal responsibility for intentional homicide.

Euthanasia must be motivated by compassion and compassion for the patient. If the medical staff performed euthanasia out of resentment against the patient or because they accepted bribes from others, they should be punished severely, punished with intentional homicide, and sentenced to more severe punishment on the basis of subjective malice.

If all other conditions are met, however, the implementation of final euthanasia is not carried out by legally qualified medical personnel, but by relatives and friends of the patient, the criminal responsibility shall still be investigated, but it can be dealt with leniently and the punishment can be appropriately mitigated or even exempted from punishment.

Euthanasia is a matter of life and death. It is a double-edged sword. However, as long as we treat them correctly and use the law to guide, regulate and supervise them, we will benefit patients, families and the society. Therefore, euthanasia under strict conditions is feasible.

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