2016 Fiscal Year Final Research Report
The validity of the consent of a senior citizen patient who doesn't possess the consent ability or possesses this partially.
| Project/Area Number |
26380097
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Multi-year Fund |
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| Section | 一般 |
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| Research Field |
Criminal law
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| Research Institution | Chuo University |
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Principal Investigator |
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| Project Period (FY) |
2014-04-01 – 2017-03-31
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| Keywords | 自己決定 / 承諾（同意） / 承諾（同意）能力 / 承諾（同意）の要件 / 承諾（同意）の有効性 / 高齢者患者の承諾（同意） / 拒否権 / 自殺幇助 |
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| Outline of Final Research Achievements |
It's said that difficulty exists in judgment of own decision(rights) about medical treatment of a senior citizen patient in particular. In Germany and Switzerland this thema is argued in forward way already, and is being considered in Japan by making reference to the result which inspected these nation's circumstances in this research. Theory of victim's estimated consent, theory of vicarious execution agreement (daidaku) and a patient's free refusal to medical treatment are also taken up as a research subject. This research looked for the future's development of legislation in Japan where the argument about legal framework decision has just started, and gave a directivity to progress to the further argument in Japan.
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| Free Research Field |
刑事法
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