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高大法學論叢

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篇名 日本における終末期医療と延命措置の中止について
卷期 13:2
並列篇名 About Japan Died of Medical and Life-Sustaining Process Aborted
作者 山中敬一
頁次 347-378
關鍵字 安樂死尊嚴死臨終醫療延命治療病患意志Euthanasiadeath with dignityHospice medicallife sustaining treatmenta dying patient will
出刊日期 201803

中文摘要

英文摘要

Euthanasia usually distinguish between active euthanasia and passive euthanasia. Former questions focused on whether this as a homicide, or agree to murder can be justified, or what its elements should prevent liability. Discuss its scope and where in the latter. Suspension of life-dealing with criminal law should be, "omission" or "as made" debate. Corresponding to this, subsistence process to abort should be understood in passive euthanasia, aspects, are considered as falling within the category of active euthanasia and controversial. This article does and euthanasia, death with dignity of the criminal law provisions and the necessity of legislation. Patients dying at the same time require the physician to suspend treatment, its importance as a center of discussion in this paper on the law, review the Nagoya High Court, formed by the Yokohama District Court's judgment. Both 2007 MHLW announced "guidelines relating to death medical decisions program" in 2014, "research report on health care in the final stage of life consciousness" and other related awareness, and 2015 legal trends in the League on this issue of, and legal cases relating to dying in medical patients with respect, as well as the Japan lawyers ' Association criticism of arguments on the Bill.Finally, proposed the suspension of processing elements from a comparative law perspective, there is no decision to make it a legal "norm" of necessity.

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