Criminal law science classroom debate

Topic:

   Retired teacher Wang Jingxuan hospital cancer for more than a year, medical expenses spent about one hundred thousand yuan, but the deteriorating condition, the patient pain. The doctor diagnosed survive less than a week. In this case, the patient repeatedly asked the doctor to euthanasia, families also hope to escape from suffering to family. The doctor through the painful choice agrees with the needs of patients and their family members, Wang Jingxuan stopped all treatment, the illness.

Topic: Affirmative, doctors should bear criminal responsibility

     No, the doctor should not bear criminal responsibility

 

Point of view: the doctor should not bear criminal responsibility

 

A one side of a debate, speech:

The chairman, the judges, the other friends of the debate, fellow schoolmates, everybody is good

  "The survival or death, this is a question." since Shakespeare put forward this topic by Hamlet's mouth, choosing life or death is always the important ethical issue, placed in front of the world's problems. We see today, in the case of patients in between life and death ultimately chose death. And we will in the doctors should make a choice between bear criminal responsibility

   Our view is: should not. Doctors should not bear criminal responsibility

   The reasons are as follows:

   First, as the saying goes, life and death from life, riches and honors. Although there is no choice was born right, but there are sensible, reasonable, legitimate, dignified, rational right to end his life, in a word, people have the right to end his life, it is part of the basic human rights. The patients in the suffering from cancer, painful, repeatedly asked the doctor to stop their treatment, the patients continued a refused to give his treatment of doctors and patients, in the exercise of their rights, the doctor is not contrary to the wishes of patients, compulsory treatment. Therefore, doctors should not bear criminal responsibility

   Second, as everyone knows, the cancer is an incurable disease, there is no effective treatment method, and in this case, the doctor diagnosed patients can only live for a week, the facts also prove that, if the stop treatment patients even can't survive a day. The doctor refused to cry that patients, to patients, in addition to prolong the patients pain, but also can bring what he? In this case, the request is promised to patients with humanitarian, let her put a lot of, slowly tortured, devouring the lives of patients with humanitarian? When has not been possible to rescue, protect the right to life has been lost much practical significance, the patient wishes reality and dignity will become the main aspects, obviously, in this case, the doctor should not assume any criminal responsibility

   Third, from a legal point of view, the criminal responsibility is refers to the criminal responsibility of the person due to the implementation of the criminal behavior, danger degree and the degree of social harmfulness of the crime and the crime person to adapt, has be a burden on criminal punitive. Sources of criminal responsibility, one is social harmful, two is the personal danger. The social harmfulness is a factual characteristics, is summarized and evaluated the objective facts and social harm society special attributes to the fact that the influence from the doctor. The behavior of social relations, the nature of the act, means, consequences, time, place, person of themselves and subjective factors into consideration, we think that the doctor does not cause harm to the society, the society is not my personal danger, the doctor's behavior is not a crime, should not bear criminal responsibility

   Fourth, according to the theory of criminal law, why should the crime responsibility and punishment, mainly in order to prevent crime, but in this case even though doctors behavior is a crime, shall be investigated for criminal responsibility of doctors, also fail to prevent this kind of crime purpose. Because the first from the special prevention perspective, the doctor is the pain is difficult patients based on sympathy, pity the psychological and the behavior, from the main surface is not malicious, does not have what harm to the society, but the sentence good heart hurt, the doctor caused the confrontation, causing the doctor-patient relationship indifference and nervous. From the general point of view of prevention, the same little deterrent effect on other people. So, the doctor should not bear criminal responsibility

   Above me from heaven, human laws, rules, four aspects of our point of view, the doctor should not bear criminal responsibility

   The survival or death, this is still a problem, only this time, the doctor should not bear criminal responsibility

   Thank you, my speech is finished

Two, three, two debate debate

 

Three, a, argues summary

   Requests the other friends of the debate, the center of human thinking. The ancient Greek philosopher Plo Tiger La said: "man is the measure of all things". The human society in history have all the action and thought, from the ultimate sense, does not exceed the position and value orientation of our mankind oneself. The existence and development of individual life, the existence and reproduction of human population is the premise that we consider all the problems.

   In 1948 the "Universal Declaration of human rights" third stipulates: "everyone has the right to life, liberty and security of person", visible, human life can only be enjoyed by himself, solemn and sacred right to life is the most basic human rights to any one person.

   If the doctor is to stop treatment in patients with request to bear criminal responsibility, so if the initiative is that every year there are so many shut sb.,

   Finally, point out that should bear criminal responsibility, not according to our practical or not, should not want to, do not confuse the relationship between the ideal and the reality

Four, free debate

 

Five, four argues summary

The chairman, the judges, the other friends of the debate, the classmate

   First I again our view: the doctor should not bear criminal responsibility

   It is very depressing day, discuss a very depressed problem, but also face so frustrating opponents. Although I have done what you can, and the site is most classmates stand in my side, but the other friends of the debate is still complacent, self deception. Below I summarize the other friends of the debate in the debate in error:

   First, very silly very naive

   From the beginning of the other students on the wrong topic, we discuss the doctor should bear criminal responsibility, but not in the debate in accordance with the criminal law of the people's Republic of doctors should bear criminal responsibility, this is two completely different connotation and extension, is necessary and reality problems, like we today's debate girls should wear glasses, you let me say Guan Kechao students should wear glasses, Guan Kechao students should wear glasses, because she myopia, but even if you prove tube branch super students should wear glasses, you can get all the girls should wear glasses conclusion

   The other argument naturally or half unconsciously to change a concept secretly, like What one says is plausible., real school it obliterates the true meaning of our debate, as the judges or lawyers to be faithful to the law, but in our study the law, discusses the thinking to ask why several, the doctrinal understanding may prescribe and current law of different, but it more deeply, more advanced, but represents a kind of ideal, represents a direction of development, we can not use the inertia of thinking immutable and frozen and stubborn conservative point of view to consider the issue, otherwise it will like the other friends of the debate, the mechanical control law to rush to believe that doctors should bear criminal responsibility, and do not think the legitimacy of itself, it is reckless and irresponsible

   Second, it was very dark and violent

   As the saying goes: punishment, fierce, the law does not just punishment, not only iron, law is a kind of human wisdom, is the human social life, the regulator to coordinate the interests of all parties, the law is to maintain social fairness and justice, the last line of defense of harmonious and stable. The criminal law is the legal means to the most severe, is cannot but when used in weapons, all the social problems in the hope to solve by criminal law, expand the scope of application of criminal law, the criminal law will inevitably lead to abuse, and infringement of the rights of citizens basic, the other students have repeatedly stressed that the current criminal law, think doctors should bear criminal responsibility, and pay little attention to rationality, law the legitimacy of law, vending machine that is a no authentication capability

   Finally, I re emphasize our view: criminal responsibility is the key of crime, the premise is applicable to criminal punishment, according to sources of criminal responsibility in Marx view, fundamentally speaking, the criminal responsibility is the ruling class through the national judicial authority on the implementation of a negative evaluation against the interests of the ruling class behavior made based on the individual free will, philosophical and theoretical basis for the criminal responsibility of the crime should bear criminal responsibility, because the crime infringes the interests of the ruling class and the ruling order, only one person in the subjective with the imputation of place, can be investigated for criminal responsibility on him

   If the individual to exercise their right to die and will not damage the interests of others and the society, the collective, have a negative impact, not at the same time, they also have enough reason to use this special rights, society should be affirmed, not total negation. Also, in this case, the doctor to patient's request, the doctor is of course not bear criminal responsibility

   The words said too much, do not know how many debaters to listen, let's listen to Canada in 1992 of a terminally ill Mrs. Rodrigues asked her doctor to stop her treatment, so as to accept a Commission hearing tremor but powerful voice: "gentlemen, I want to ask you, if I can't approve his own death, then who am I this body master? What is my life who have? If my doctor doesn't come to help me, then who can help me?" a few words, ask members don't know what to do.

   Face the test of life and death for who is not an easy thing, the most painful is the patient, the most need courage is sick, but the patient bravely made the choice, imagine you were a doctor, how would you do, doctor also brave choice, now it's our turn to choose, doctors should bear criminal responsibility? Listen to the patient's voice, listen to your own conscience and, most important, as a students of law, the jurisprudence, logic analysis, to think, then I think every rational, legal person responsible will make and we also choose that doctors should not bear criminal responsibility

   Thank you

 

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Appendix: data storage

One, the other arguments and

   Doctors should bear criminal responsibility

Two, the other party may question

1People did not own the right of life

   People should enjoy the right to die, specific performance in the following areas:

   (1) the life belongs to the individual, the individual right in accordance with their wishes freely dispose of, this is a guarantee of personal freedom. Of course, this freedom is not absolute, should be limited to a certain degree. Because, as an individual is not isolated, we are a part of society, has the social responsibility.If the individual to exercise their right to die and will not damage the interests of others and the society, the collective,Should not have a negative effect,At the same time,They also have enough reason to use this special rights,Society should be affirmed,Rather than deny.

   (2) everyone has the dignity of life. The dignity of the person with the highest value, is not to be violated. When a person's life is suffering from illness, and bear the unbearable pain, he will think that their dignity is trampled, often can take some ways to get rid of this torture. A variety of ways, when all the way can not meet the requirements, to end his own life also became a choice.

   (3) the highest quality and the pursuit of life, the highest value of life is an important goal of human existence. However, when a person's life has only a purely biological significance of the existence, or can only wait for death and can not be cured in great pain, their quality of life is almost zero, if you insist on using medical means to delay its life, which suffered the end of pain, this is pointless, and it is cruel.

  (4) there is life there must be death, birth and death as part of life should be the same poles of human respect. Along with the progress of the society, the development of civilization, people no longer talk about death pale. To establish a correct concept of death, is the symbol of human civilization and progress.

   Think again, under special circumstances, the people have the right to dispose of their life?This problem can be found in many cases for the method of social recognition. For example, some sports events such as car racing, boxing, rafting, mountain climbing is a very high risk of competition, since ancient times, have been killed too many to count athletes in these sports, before these sports competitions, athletes have the right of life and the right to health made it, made without accountability responsibility to others because of race casualties commitment, since in the athletic field athletes can dispose of their own lives and health, so why not terminally ill patients with their right to life?

   Martin Heidegger, the German experts believe that, human existence is being towards death, human existence actuality tendency of death, death is a natural. People can clearly, consciously accept death, death and sure death

2It is inhuman let the patient die

   The patient is terminally ill, the dying, and agonizing circumstances, blindly into people's lives as the first one, so as to try various devices to extend the lives of the patients, which in addition to prolong the patients pain, but also can bring what he? In this case, is promised to the request of the patients in line with the humanitarian, let her put a lot of, slowly tortured, devouring the lives of patients with humanitarian? When it has been determined that could cure, for a patient, protection of the right to life has lost any practical significance, the desire of reality and dignity will become the main aspect

3Act contrary to the doctor's occupation morals, is detrimental to the development of medical career

   A conscientious doctor, will only make him realize backward existing medical technology, so as to stimulate the improvement of medical level, the development of health care, to overcome the difficulties

The invention and development of antibiotics in modern medical technology benefit all mankind, but it is greatly extended human life at the same time, it also brings a worrying problem, that is: many incurable patients dying quite long period. Many disease in end-stage patients unable to bear or unwilling to endure the pain of torture, implored the doctor managed to end his life, even Dutch act.

4The doctor's behavior with intentional homicide components, so it should be so definitely murder conviction and punishment,But with minor reduced or exempted from punishment, even if no criminal responsibility, but also in the cognizance of the crime after the set

   The biggest confusion is one, should not bear criminal responsibility, not in accordance with the people's Republic of China criminal law should bear criminal responsibility, as if we should wear glasses in the debate, girls, but you let me say Guan Kechao students should wear glasses, Guan Kechao students should wear glasses, because she is myopic, but even if you prove that Guan Kechao students should wear glasses, you can get all the girls should wear glasses conclusion

  Two, even with all the elements of a crime are not certain if the crime, should bear criminal responsibility, because the law only stipulates the self-defense, emergency hedge such ground for elimination of misfeasance, Article 13 of the criminal law: plot remarkable slight harm not big, not be considered a crime. So you can't because Zhou Zhenglong into the hill, Zhou Zhenglong took out photos, you see a really is a tiger that Zhou Zhenglong found the Southern China tigers, to think he might be taken New Year paintings? Maybe PS does, perhaps beat circus tigers, comprehensive consideration of the legal person, this is a basic quality

  Three, as long as you argue the other side view that is the crime of intentional homicide, is sentenced to death, life imprisonment or 10 or more in prison, if the circumstances are relatively minor, 3 more than 10 years of fixed-term, how may be exempted from punishment?

  Only according to article sixty-third of the criminal law: criminals, though not with the provisions of this Law of mitigating circumstances, but according to the special circumstances of the case, with the approval of the Supreme People's court, also may be sentenced to a punishment below the legally prescribed punishment. Report to the Supreme People's court

5Irresponsible behavior will not lead to a doctor, the shortcomings of family members of patients "rejection burden" etc..

   We are only the doctor in the debate in the case should bear criminal responsibility, patients suffering from cancer for more than a year, deteriorating condition, the patient pain, the doctor diagnosed less than a week, the family and the patient's repeated requests, we do not see the doctor any hasty action, the family was against my will "patients dump the burden", if the doctor's slapdash behavior, family members of patients "rejection burden" is of course not

6How can we be sure?

   How to protect the other students can help us think, but we can not think of how to guarantee us what the topic of today

7 medical career progress will be cured

   How long will that be, the patient can wait

8 is the patient's true meaning

   In this case is only considered. Because, if that would deny, basic there is no debate

9 Chinese reality do not have the condition

   The west is relatively developed, social security, they implemented, they implemented very well, is not correct that not only has more feasibility, rationality, not is that this is an advanced system, it should be you, in this case, no more that doctors should not bear criminal responsibility

Three, we must understand the concepts

1Crime

   Social harm, serious illegal, should be subject to punishment

2The crime of intentional homicide

   Deliberately illegal deprivation of life behavior

3The true meaning of the legal

   Crime is a kind of security mechanism, first of all to protect the defendant, the rights of the criminal suspects, in order to prevent the expansion of state power of punishment and be applicable, prohibition against a series of methods such as analogy, the defendant, retroactivity etc. but does not exclude specific practices in favor of the defendant and criminal suspects and principles

   Crime is a kind of explanation mechanism, if an act in line with the form of constitutive elements of crime, but in essence has no harm to the society in particular, or the behavior of the social situation, the social reason, can generally experience tolerance and even support requirements, such as the law should not blame

4The principle of suiting punishment to crime

  Article fifth of the criminal law: the severity of punishment, should with crime criminal responsibility and commitment to adapt

  The theoretical source: according to civil law system, criminal means to have the essential ingredient, illegality and Liability Act. The responsibility refers to the possibility that carry out acts of blame and criticism. In the crime system, the responsibility judgment is subjective, specific, individual judgment. Personal liability exclusion group responsibility and implicate responsibility, subjective liability denies objectivity. The imputation principle of criminal responsibility should be the unity of subjective and objective

  Legal liability refers to a person to carry out a certain violations of legal obligations, should bear the legal consequences

5Criminal responsibility

  Have the ability of criminal responsibility due to the implementation of the criminal behavior, danger degree and the degree of social harmfulness of the crime and the crime person to be a burden, with criminal punitive

6The legal theory foundation of Holland support euthanasia Disclaimer: the theory of the conflict of obligations

  Anyone have a duty to comply with the prohibition of entrust homicide or prohibited by law. The doctor to help Dutch act also has this kind of obligation, but the doctor another obligation, obligation according to the patient's desire is concerned with patients, patient care, relieve the pain of patients, improve the quality of life, when the two kinds of conflict of obligations, the doctor is forced to the choice between two kind of obligation, he chose euthanasia, cannot become the reason his punishment

7 So let us have a look have great influence in China's case, we have a look the attitude of judicial and social euthanasia actors on the fact.

 (1) the first case Chinese "euthanasia". In 1986, Wang Mingcheng was the mother Xia Su tattoo is terminally ill, anguish, and doctor Pu Liansheng together for the parent drug injection, carry out "euthanasia" is another family to intentional homicide court. In 1991 5 month 17 day, Hanzhoung City People's court made the first instance judgment, the defendant Pu Liansheng, Wang Mingcheng's conduct did not constitute a crime. The plaintiff refuses to accept the decision, appeal. In June 25, 1992, Hanzhoung City People's court rejected the appeal, upheld the. This is of great significance to qualitative final case, it shows that China's law for the "euthanasia" tolerance.

 (2) Shanghai "euthanasia" case. In 2001 5 month 31 day, Shanghai City, Minhang District 67 year old electrician Liang Wanshan to shock for the terminally ill, to endure the huge pain old mother, the implementation of the "euthanasia", to help her mother "from the sea", and in the evening to take the initiative to surrender to the public security organs. In October 8th the same year, the Shanghai Minhang District people's court to voluntary manslaughter and sentenced Liang Wanshan to 5 years in prison, after a trial, Liang Wanshan did not appeal. In these cases we can see, in the face of these obvious violation of our current criminal law, the court has to take a relatively tolerant of legal measures, and in fact is all very acceptable decision. Visible, legal hypocrisy lies, or of euthanasia for the "crime". We can also see, most people have sympathy for the defendant in the case on euthanasia and the suspect's attitude is, and even support attitude.

8Advanced cancer symptoms

   Stomatitis, develop into painful ulcers, abdominal distension, oral infection. Bacterial or viral diarrhea, extremely thin, lack of vigour, physical deficiency.

    There are three reasons for this: 1 symptoms, cancer is a kind of chronic wasting disease, because cancer cell abnormalities and rapid proliferation, resulting in tumor patients on nutritional needs to be higher than normal, function of.2, the cancer itself toxic substances which affect other organs of the body caused by patients with gastrointestinal dysfunction, nausea, vomiting, and fever, loss of appetite, weight loss, is thin, but also affect the body function.3, cancer oppression or violation of the adjacent organs, thus affecting the physiological individual a tissue organ anatomical features

Four, several concepts in the debate so as not to mention

1 definition of euthanasia

2 the euthanasia should not be legalized

3 how can we in the system to ensure the effective of euthanasia

4 let the patient die is beneficial to reduce the national, social and family economic and mental burden