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Legal Analysis Of The Case About The Death Of A Pregnant Woman Resulting From Her Husband's Refusal For Signature

Posted on:2011-05-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y H YangFull Text:PDF
GTID:2166360305965920Subject:Law
Abstract/Summary:PDF Full Text Request
After the media reports about the case of the death of a pregnant woman resulting from her husband's refusal for signature, it arise abroad attention in our society. It isn't the only case that sufferers die from their family numbers refuse signature, the similar tragedy happens in our life ceaselessly. But at present, according to our active law we haven't idiographic method to solve this problem. When the hospital faces the family numbers refuse signature, it hasn't the way to solve this problem, many innocent sufferers can but wait for death if their family numbers refuse signing. We can't sit still waiting for death in order to respect our anima right. How to avoid this tragedy is a desiderate problem?This paper bases on the "the matter of Xiao Zhijun", after simple analyzing the whole case, the writer takes apart the case in the aspect of criminal law in detail. It contains:Whether Xiao Zhijun makes up of the indirect intent homicide in this case? Whether the hospital should bear legal duty for it sees the pregnant on the verge of death passing away but did nothing? In order to protect the patient rights, How the operation-signature regulation should amend? At the same time, the writer using the reference of external law and combining the tradition of China puts forward his special opinion, I hope the similar tragedy will disappear in our life.
Keywords/Search Tags:refuse-signature, indirect intent homicide, legal responsibility, operation-signature regulation
PDF Full Text Request
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