2007 Fiscal Year Final Research Report Summary
Research and Investigation into the actual applications of medical crimes and the precautions against them in France
| Project/Area Number |
17530054
|
|---|
| Research Category |
Grant-in-Aid for Scientific Research (C)
|
| Allocation Type | Single-year Grants |
|---|
| Section | 一般 |
|---|
| Research Field |
Criminal law
|
|---|
| Research Institution | Osaka University |
|---|
Principal Investigator |
SHIMAOKA Mana Osaka University, Graduate School of Law, Professor (20222036)
|
|---|
| Project Period (FY) |
2005 – 2007
|
| Keywords | Medical law / Bioethics law / French penal law / French law / Euthanasia / Death with dignity |
|---|
| Research Abstract |
I wanted to investigate or to research on the actual applications of medical crimes and the precautions against them in France, where a package law of Bioethics have made in 1994. Because there are many problems in a medical area, for example, in vitro fertilization, a surrogate mother, an organ transplantation, etc., in Japan.
So I have researched on the actual applications of medical crimes, reading many French books, looking for the information on web sites, looking over the French jurisprudence, and visiting several Universities in Paris and Grenoble, several district courts in Paris, etc. But I have found nether statistics, nether jurisprudence of medical crimes in France. I tried to visit several hospitals in Paris to investigate into the precautions against the medical crimes, but I was refused for reason of being busy of workers and their privacy. So I couldn't know the actual applications of medical crimes and the precautions against them in France.
But, I was able to get many information of French bioethics law, including the new legal revision in 2004.
Then, the event of a stopping a life-support system in a municipal hospital, that of a trade of organs, and that of a surrogate birth of grand-mother, etc. are informed in Japan. But there is little law for these problems here.
So I published an article titled "The comparison between Japanese and French legal solution for the euthanasia or the death with dignity in Japan", and now prepare another article titled "The living donor organ transplantation in France". It is very important to introduce the French bioethics law and their legal systems to Japan for the amelioration of our actual situation around these difficult bioethics questions.
|
