Giving Up Treatment Behavior Study Of Criminal Law

This paper from the perspective of cirminal law, the medical activities of the relevant parties to giveup treatment of this behavior to undertake study, respectively on the medical activities of the differentparties involved in the specific waiver behavior analyses, which explore the meaning of criminal law, thelegal responsibility of delineation of parties, with a view to establishing a strict code of conduct to promoteconstructing harmonious doctor-patient relationship.This paper is divided into three parts, a total of35000character retinue, main content summary is asfollows:The first part of the abandoned treatment behavior made the concept theory, discusses the maincontent is to give up treatment behaviors were the narrow sense and the generalized two aspects ofdeifnition, which narrowly refers to the concept of "patients are diagnosed later, clinicians for incurablepatients with late or can only maintain respiration heartbeat but extremely poor and life quality cannotrestore a conscious patient, do not give human life prolonging treatment."Generalized refers to the conceptof "medical contract parties, for medical prognosis, social benefits, economic benefits and other aspects ofconsideration, the curable or incurable illness made to terminate treatment decisions, and therefore thedisease prognosis influence decisions,In this paper, the concept of generalized inferred by abandoningtreatment behavior characteristics, characterized by three aspects:(1) abandon treatment behavior makemust be medical behavior of stakeholders, and thus make the choices the legitimate authority;(2) to give upthe object contains a curable patients and can not be cured patients；(3) giving up treatment on patientshave substantial influence.The second part of the abandoned treatment behavior in the sense of criminal law is described, thecontent mainly is to abandon treatment behavior’s criminal division is attributable to medical law,abandoning treatment behavior and medical criminal law core benefit there is a close correlation between,abandoning treatment behavior relates to the dignity of the law (mainly ill health right，the right of life,right of informed consent, the right to self-determination and so on) and medical order law benefits aremedical criminal law concerns the core interests.To give up treatment of behavioral research reflectsChina’s medical system of criminal law deficiencies, such as the patient self-determination lack ofprotection and so on.The third part of the abandoned treatment behavior of the concrete situation in detail, discusses maincontent is from patients, families, and bear the obligation of medical treatment or other units of the fouraspects of a specific analysis to abandon treatment behavior.On the patients to abandon treatment behavior,can be divided into specific in patients with curable disease case gave up treatment and patients sufferingfrom incurable diseases in case abandoned treatment two cases, while the patients to abandon treatmentspecial attention points.For the families of patients to abandon treatment behavior, can be divided intospecific in patients suffering from incurable diseases in families of patients to ofrgo treatment and patients with incurable disease of abandoning treatment two cases, and for families of patients to abandon treatmentwere extended thinking.For medical treatment abandonment behavior, can be divided into specific withoutpressing danger case abandoned treatment behavior and in critical case abandoned treatment behavior intwo cases, while the medical treatment abandonment behavior were extended thinking.For the treatment ofobligations to others or units for abandoning treatment behavior, mainly from the subjective intention ofabandoning treatment behavior and subjective fault is discussed from two aspects.In this paper theproblems at the same time, the situation related to criminal law undertook relatively comprehensive,detailed study.