The Dying Patient Law is very controversial in Israel; there are opinions that the reason for the Law was to prevent the court from making decisions on the subject of end of life according to democratic principles. I ...The Dying Patient Law is very controversial in Israel; there are opinions that the reason for the Law was to prevent the court from making decisions on the subject of end of life according to democratic principles. I decided to do this study because I wanted to know if the legal principles of the Law are democratic as were the court rulings or they are only, or mostly, Jewish principles and meant to prevent a democratic ruling in the courts. The work is a review of the Law and the Dying Patient Committee discussions as well as the chairman＇s writings on the Law, critique articles, and a review of democratic and bioethical principles. In this project, I have seen that the underlying basis of the Dying Patient Law is Jewish principles and not democratic principles, although Israel is a declared democratic state. This law illustrates the problem in Israel being both a democratic and a Jewish state. It raises the question： What can be done to resolve the conflict between the Jewish principles and democratic and/or bioethical principles？展开更多
The logical sequence of China＇s state governance is ＂governing party--consultative conferences--people＇s congresses--the people.＂ The ＂governing party--consultative conferences＂ link in the chain involves politi...The logical sequence of China＇s state governance is ＂governing party--consultative conferences--people＇s congresses--the people.＂ The ＂governing party--consultative conferences＂ link in the chain involves political consultation through people＇s consultative conferences. The ＂governing party--consultative conferences--people＇s congresses＂ link involves a process of obtaining legitimacy for the Party＇s views based on political consultations which are then translated into the national will by the system of people＇s congresses. The ＂people＇s congresses--the people＂ link involves the two-pronged logic of elections and governing the country according to law. The ＂governing party--the people＂ link is an illustration of the party＇s mass line, which essentially involves social consultation. Consultative democracy usually includes the political consultation in the ＂governing party---consultative conferences＂ link and the social consultation in the ＂governing party-- the people＂ link in the chain, both of which are connected through the system of people＇s congresses. This logically determines the inner relations between the Party＇s leadership, consultative democracy and the people＇s congress form of representative democracy and shapes the institutionalization of consultative democracy. That is, in the process of democratic decision-making, a circular system consisting of ＂political consultation-- legislative consultation--social consultation＂ is created to guide development of the actual system.展开更多
文摘The Dying Patient Law is very controversial in Israel; there are opinions that the reason for the Law was to prevent the court from making decisions on the subject of end of life according to democratic principles. I decided to do this study because I wanted to know if the legal principles of the Law are democratic as were the court rulings or they are only, or mostly, Jewish principles and meant to prevent a democratic ruling in the courts. The work is a review of the Law and the Dying Patient Committee discussions as well as the chairman＇s writings on the Law, critique articles, and a review of democratic and bioethical principles. In this project, I have seen that the underlying basis of the Dying Patient Law is Jewish principles and not democratic principles, although Israel is a declared democratic state. This law illustrates the problem in Israel being both a democratic and a Jewish state. It raises the question： What can be done to resolve the conflict between the Jewish principles and democratic and/or bioethical principles？
基金This paper is the result of a major project of the Central Marxist Theoretical Research and Development Project and the National Social Science Foundation, ＂Comprehensively Promote Governance of the Country in Accordance with the Law＂ （2015MZD042） and a major project of the National Social Science Foundation （14DC027）. Thanks to Prof. Zhang Hong, Prof. Qin Xiaojian and Prof.Li Dong for their help revising this paper as well as to the anonymous reviewers for their valuable suggestions.
文摘The logical sequence of China＇s state governance is ＂governing party--consultative conferences--people＇s congresses--the people.＂ The ＂governing party--consultative conferences＂ link in the chain involves political consultation through people＇s consultative conferences. The ＂governing party--consultative conferences--people＇s congresses＂ link involves a process of obtaining legitimacy for the Party＇s views based on political consultations which are then translated into the national will by the system of people＇s congresses. The ＂people＇s congresses--the people＂ link involves the two-pronged logic of elections and governing the country according to law. The ＂governing party--the people＂ link is an illustration of the party＇s mass line, which essentially involves social consultation. Consultative democracy usually includes the political consultation in the ＂governing party---consultative conferences＂ link and the social consultation in the ＂governing party-- the people＂ link in the chain, both of which are connected through the system of people＇s congresses. This logically determines the inner relations between the Party＇s leadership, consultative democracy and the people＇s congress form of representative democracy and shapes the institutionalization of consultative democracy. That is, in the process of democratic decision-making, a circular system consisting of ＂political consultation-- legislative consultation--social consultation＂ is created to guide development of the actual system.
