臓器移植と刑事責任
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概要
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On the japanese present steps that brainsdeath is humansdeath is not recognized, organstransplantation brings us various problems. Naturally on criminal Law, it was controverted if it constitutes a damage of dead body or a homicide to take out organs. Besides until today, the cases of organstransplantation on the kidney and the liver and the pancreas were changed and these are developing on criminal cases. But, it is sure that the state of circumference on organstransplantation in japan can not always deny the organstransplantation from the state of brainsdeath as a crime, as compared with recent medical circumstances in the world. In this situation, if we want to have a conclusion that organstransplantation is not a crime on criminal law, we will have to have a theory to justify it. In this paper, I want to consider how to be organstransplantation on searching the passage of academic discussions in japan. Contents 1. Introduction-indication of problems. 2. Examination about the act that take out organs without presupposition of brainsdeath theory. (1) Examination about the theory to take away quality of illegality on japanese criminal law. (i) Examination how to take away quality of illegality with justifable act of Article 35 japanese criminal law and the theory about the act that is accepted from a social point of view. (ii) Examination how to take away quality of illegality with emergency evacuation of Article 37 japanese criminal law. (iii) Examination how to take away quality of illegality with agreement of a patient and the family. (2) Examination about the theory to take away quality of responsibility on japanese criminal law. (3) In conclusion of the examination on this paper.
- 1997-05-15