2010Year9month2日Afternoon,Professor Hitoshi Saeki from the Graduate School of Law, University of Tokyo, Japan, in Shaw Law Building311The classroom brought an academic report entitled "Homicide and Prevention of Illegal Crimes" to teachers and students。The report was hosted by Professor Feng Dianmei。
This report focuses on the issue of "the limits of illegal obstruction bet365 best casino gamesof defensive actions that harm the life of the other party (or are highly dangerous to life)",Discussed with everyone the issue of illegal prevention of homicide。As a premise,Professor Saeki first introduced Japan’s current criminal theory system。Japanese criminal law is influenced by German criminal law,To constitute the appropriateness of the requirements、Illegality、The problem of judging the establishment of a crime using the three-stage approach to liability。In principle,Behavior that meets the constituent requirements is illegal and responsible behavior,But if there are exceptional reasons that prevent illegality or liability,Not a crime。This kind of exceptional reason to prevent illegality is called an illegal reason to prevent it,Things that prevent liability are called reasons for preventing liability。
The report content is mainly divided into three parts。First,Professor Saeki introduced several legal issues related to suicide。In Japan,Suicide is not considered an evil,Therefore no penalty。On the reasons why suicide is not punishable,It is roughly divided into the view that suicide is illegal but not responsible and the view that suicide is legal。If suicide is illegal,Needs further discussion as to whether legitimate defense of a person attempting suicide to prevent suicide is allowed;If suicide is interpreted as legal,It is necessary to explain why the instigation is required、Punishment for Bet365 sportsbook reviewaiding suicide。Secondly,Professor Saeki discussed issues related to euthanasia and death with dignity,These two concepts are difficult to distinguish and controversial。Euthanasia refers to the death of terminally ill patients to relieve their suffering。Euthanasia is generally divided into the following three types: ①Active euthanasia,②Indirect euthanasia,③Passive euthanasia。About euthanasia,In particular, whether there is any illegal obstruction of active euthanasia,There is a doctrinal dispute。What can clearly show this change in discussion is the change in jurisprudence。Dignity death means,For patients who cannot recover and are on the verge of death,Stop unnecessary life-prolonging measures and allow natural death。As opposed to euthanasia, which is a long-standing issue,Death with dignity is a problem caused by the advancement of medicine and the widespread use of artificial life-prolonging measures。Next,Professor Saeki discussed issues related to self-defense and emergency evacuation,About legitimate defense,Professor Saeki has different views from the current academic circles。Professor Saeki thinks,Even if the offender initiates the infringement,When the risk factor of defensive behavior is high,The defender still has the obligation to evade。Therefore,Defensive behaviors should be divided into behaviors with higher risk to life and behaviors with lower risk。About bet365 live online casinolife-threatening defensive behaviors,It should be established that implementation is limited to circumstances in which it is necessary to protect important legal interests and there is no other way to evade。About emergency evacuation,The main point of debate is whether emergency avoidance constitutes an illegal reason for obstruction。There are currently objections in the academic community,One of the views regards emergency avoidance as a reason for liability avoidance。Professor Saeki believes that including situations that harm life,Emergency evacuations are all illegal reasons。Last,Professor Saeki briefly discussed issues related to the death penalty,He believes that the infringement of life is limited to necessary and indispensable situations,It cannot be said that the death penalty system is necessary and indispensable to prevent crime,Therefore the criminal law should be revised to abolish the death penalty,But judging from the current situation where most Japanese people support the death penalty system, it may be difficult,Hope it will come true one day。