法律英語-安樂死_ppt

1、,,Euthanasia,www.themegallery.com,Ⅰ.What is Euthanasia,Ⅱ.Euthanasia and Criminal Law,Ⅲ.Type of Euthanasia,Ⅳ.Issues of Euthanasia,Ⅴ.Opinions,Ⅵ.The Situation,Ⅶ.Summary,,,Ⅰ.What is Euthanasia,www.themegallery.com,,Palliativ

2、e care is specialised care and support provided for someone living with a terminal illness（晚期病癥）. Importantly, palliative care also involves care and support for family and caregivers（護理者）. The goal of palliative care is

3、 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 have: physical (including treatment of pain and other sympto

4、ms), emotional, social, cultural and spiritual. Palliative care aims to help the patient live as well as possible.,,1.What is palliative care?,www.themegallery.com,Palliative care offers support to help family and caregi

5、vers manage during the patient’s illness and in bereavement(親人喪亡). As a person receiving palliative care, the patient is an important partner in planning their care and managing their illness. When people are well inform

6、ed, participate in treatment decisions and communicate openly with their doctors and other health professionals, they help make their care as effective as possible. Care planning is an important process in ensuring th

7、e patient’s wishes, in relation to their care, are met. Patients should speak to their doctor about advance care planning and advance care directives.,www.themegallery.com,2.What is a good death?,In a Gallup poll in Amer

8、ica, more than 70% of individuals surveyed feared dying in pain or alone without the chance to say good-bye.,www.themegallery.com,Twelve principles,to know when death is coming, and to understand what can be expected to

9、 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 control over where death occurs (at home or elsewhere) to ha

10、ve 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 o

11、ver who is present and who 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 t

12、ime to go, and not to have life prolonged pointlessly,www.themegallery.com,3.What is Euthanasia?,Euthanasia is the termination of a very sick person's life in order to relieve them of their suffering.A person who un

13、dergoes euthanasia usually has an incurable condition. But there are other instances where some people want their life to be ended.In many cases, it is carried out at the person's request but there are times when th

14、ey may be too ill and the decision is made by relatives, medics（醫(yī)護人員） or, in some instances, the courts.The term is derived from the Greek word euthanatos which means easy death.,Ⅱ.Euthanasia and Criminal Law,This part

15、just talk about the relationship between euthanasia and criminal law.Then find some reasonable explanation.,www.themegallery.com,1.The general provisions of the criminal law（刑法總則） and euthanasia,(1) The fundamental princ

16、iple of criminal law and euthanasia and euthanasia.the principle of legally prescribed punishment for a specified crime(罪刑法定原則）tell us that deem euthanasia to crimes is inappropriate.Because there is no relevant provis

17、ions of criminal law.,www.themegallery.com,(2) The Basic characteristics of crime and euthanasia.,,,crime,Social harmfulness,Disapprobation possibility(非難可能性）,Compared with other major crime，euthanasia has less

18、social harmfulness.,www.themegallery.com,(3)The purpose of the criminal law Legal interest protection(保護法益）is the main purpose of the criminal law. To some point,euthanasia indeed violated(侵犯)the interests of the p

19、arty. From this perspective,criminal law should be given protection.,www.themegallery.com,2、The specific provisions of criminal law and euthanasia Euthanasia basically in line with the crime constituted intentional

20、ly commits homicide（故意殺人）. It has the subjective intention，and objectively harmful behavior and harm results.,Ⅲ.Type of Euthanasia,www.themegallery.com,(1)The first kind of classification According to the app

21、licable specific object, euthanasia can be divided into special euthanasia and generalized euthanasia.,www.themegallery.com,Special euthanasia: it is to point to, to forking and in extreme pain patients, led to the rapi

22、d death without pain a way.Generalized euthanasia: in addition to including special euthanasia content , it still includes to some birth is as heavy residual, dementia infant, social some severe psychotic, severely disa

23、bled people and in irreversible coma of the "vegetable", make the feeling no pain death.,www.themegallery.com,(2) The second kind of classification Voluntary euthanasia, it is to point to patients who r

24、equire or have had desire, or said through the agreed to and take the euthanasia.,www.themegallery.com,Involuntary euthanasia, generally refers to those incapacitated patients, namely cannot say I demand, desire or conse

25、nt of the patients, according to its relative application and implementation of the euthanasia, such as for severely deformed babies, brain death patients, in a coma patients, mental patient,patients whose intelligence

26、is serious low person .,www.themegallery.com,(3)The third kind of classification According to the different terminal medical measures that the doctor take , euthanasia can be divided into active euthanasia and

27、passive euthanasia.,www.themegallery.com,Active euthanasia can also be called as the positive euthanasia, refers to the medical staff to remove terminally dying patients died process pain and take some measures to hasten

28、 death.,www.themegallery.com,Passive euthanasia is also known as negative euthanasia, it is to show medical personnel to forking and dying patients, to relieve the pain, suspend maintain its life cure measures to shorten

29、 the patients into irreversible death process after the continuous time.,www.themegallery.com,,(4)The fourth kind of classification According to the different properties and degree of death pain, and different m

30、ethods and degree of eliminating the pain , euthanasia can be divided into type A euthanasia, type B euthanasia and type C euthanasia.,www.themegallery.com,Type A euthanasia also called maintenance therapy in addition to

31、 pain type, it is to point to eliminate pain, as usual treatment. Type B euthanasia also called to give up treatment in addition to pain type, it is to point to eliminate pain, give up treatment. Type C euthanasia also c

32、alled to give up treatment suspended death pain type, it is to point to terminate the death process to relieve pain.,www.themegallery.com,根據(jù)安樂死可以適用的具體對象，可以將安樂死分為狹義安樂死和廣義安樂死。狹義安樂死，是指對于身患絕癥、處于極度痛苦之中的患者，促使其無痛苦迅速死亡的一種方式。廣義安樂

33、死，除包括狹義安樂死的內(nèi)容外，還包括對于一些出生時即為重殘、癡呆的嬰幼兒、社會上的一些重度精神病患者、重度殘疾人以及處于不可逆昏迷中的“植物人”，促使其在無痛苦感受中死亡。自愿安樂死，是指患者本人要求，或者有過愿望，或者表示通過同意而采取的安樂死。非自愿安樂死，一般是指對那些無行為能力的患者，即無法表示本人要求、愿望或同意與否的患者，根據(jù)其親屬的申請而實施的安樂死，如對有嚴重畸形的嬰兒、腦死亡病人、昏迷不醒病人、精神病人、智力嚴重低下者

34、實施安樂死。根據(jù)醫(yī)生對患者采取臨終醫(yī)療措施的不同可以把安樂死分為主動安樂死與被動安樂死。主動安樂死又可稱為積極安樂死，指醫(yī)務人員為解除身患不治之癥的臨終患者死亡過程的痛苦而采取某種措施促使病人死亡。被動安樂死又稱為消極安樂死，是指醫(yī)務人員對身患絕癥而瀕臨死亡的患者，為解除其痛苦，中止維持其生命的醫(yī)治措施以縮短患者進入不可逆死亡過程后所持續(xù)的時間。根據(jù)死亡痛苦的不同性質(zhì)和程度，以及消除痛苦的不同方法和程度，安樂死又可以分為A型安樂死、B型

35、安樂死和C型安樂死。A型安樂死又稱維持治療除痛型，是指消除痛苦，照常治療。B型安樂死又稱放棄治療除痛型，是指消除痛苦，放棄治療。C型安樂死又稱放棄治療中止死亡痛苦型，是指終止死亡過程以解除痛苦。,,,Ⅳ.Issues of Euthanasia,www.themegallery.com,The issue has been at the centre of very heated debates for many years and i

36、s surrounded by religious, ethical ,practical considerations and so on.,www.themegallery.com,1.The legal position,Euthanasia is illegal in most countries, although doctors do sometimes carry out euthanasia even where it

37、is illegal.Euthanasia 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.Unde

38、r 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.,www.themegallery.com,Nevertheless, the

39、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 the House of Lords

40、 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 pros

41、ecution.,www.themegallery.com,2.The ethics of euthanasia,is it ever right to end the life of a terminally ill patient who is undergoing severe pain and suffering? under what circumstances can euthanasia be justifiable,

42、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 the meaning and value of human existence.Should human

43、 beings have the right to decide on issues of life and death?,www.themegallery.com,3. practical issues,Some people think that euthanasia shouldn't be allowed, even if it was morally right, because it could be abused

44、and used as a cover（幌子，偽裝） for murder.Killing or letting 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

45、 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 extraordinary or burdensome medical treatment（特殊或繁重的藥物治療）,www.themegalle

46、ry.com,4.Religions issues,Death 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

47、 experience.For those left behind 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.Re

48、ligions 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

49、 come.So it's not surprising that all faiths have strong views on euthanasia.,,,Ⅴ.Opinions,www.themegallery.com,1.In favor of euthanasia,Legalization of Euthanasia,www.themegallery.com,Benefits,,2,,,,,,,1,3,4,reduce

50、 the pain of patients,reduce the burden of the family,reduce the burden of the society.,promote the development of the medical treatment,www.themegallery.com,,Still alive or died with euthanasia,,,www.themegallery.com,,P

51、olls of euthanasia,Agree,ObJect,Neutral,,,,,24％,31％,45％,www.themegallery.com,,,Now we can demonstrated the legalization of euthanasia from human nature and living reality:The formation of the concept of human

52、rights is based on our emotion.Now I will share two proverbs with you.First, “Expend the respect of 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 othe

53、r 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 instinctively emotion recognition and respect .It is the sublimation of hu

54、man 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 the

55、ir relatives free.,www.themegallery.com,,The voices of the patients,www.themegallery.com,,Recent years, all over the country made various polls about euthanasia. According to statistics, in Beijing, Shanghai, Heilongji

56、ang , more than 80% of therespondents are in favor of euthanasia. 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 s

57、urvival. The legalization of euthanasia, it is the common aspiration of the people, is in favor with the public.,www.themegallery.com,,,First, confirm the legalization of euthanasia, can reduce the pain of patients. Acc

58、ording 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 extrem

59、e pain . And quite a lot of people 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

60、 humanitarian? Or let the disease slowly torture, swallow the patient's life more accord with humanitarian? As the humanitarian are concerned, life must be protected, but when a person is on the verge of death and ca

61、n 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 d

62、ignity 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.,www.themegallery.co

63、m,Second, confirm the legalization of euthanasia, can reduce the burden of the family. The relatives of the patients have mental responsibility and economic responsibility to the patients. In order to be able to exten

64、d a patient's life, they often need to use expensive medical equipment, pay the heavy material price, which severely reduces the whole family's quality of life. This is excessive worthless requirements. At the s

65、ame time, euthanasia is also better for the dead man's 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

66、of social development quickly.,www.themegallery.com,,Third, 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

67、 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 China there are a lot o

68、f 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.,www.themegallery.com,

69、,,Forth, confirmed the legalization 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 unprof

70、itable job, make more energy to conquer incurable diseases, give benefit and fresh hope to other patients. Especially in the present arduous medical work, difficult circumstances that the patient to see a doctor, it has