Legal Regulation Of The Vegetables-from The Perspective Of Civil Law

Vegetables are the patients in vegetative state because they suffer the brain injury,skull injury, disease or congenital malformations and other reasons. As beingincapacitated and lacking the cognitive ability and autonomous behavior, vegetablesare required for Capacity compensation to regulate. The patients who are in persistentvegetative states, need the corresponding termination of the treatment mechanism tomeet their previous willingness and maintain their dying dignity. There are aconsiderable number of vegetables in our country. Due to that systematic legaladjustment mode does not exist, the above problems are not settle down yet. Theauthor of this thesis, attempt to set up a system of adjustment mode for vegetativestate law.Based on the clue of the progression of vegetative state,including vegetativestate-persistent vegetative state-a permanent disease,the author set up a legalregulation model applying to all stages of development in the vegetative state andtheir different conditions. The first part focuses on clarifying the pathological featuresof the vegetative state, and demonstrates the necessity for the establishment of asystem of legal adjustment mode for the vegetative state: As being incapacitated andlacking the cognitive ability and autonomous behavior, vegetables are required forCapacity compensation to regulate. A corresponding legal regulation must beestablished to regulate the relationship among the relatives as well as society. All ofthose discussed above play the foundation role for full-text argument.The second part discussed the establishment of capacity compensation to for thevegetables: it is necessary to abandon the cumbersome machinery of the capacityidentified pre-program,then to extend the custody range to a vegetable and introducethe durable power of attorneys. Apart from that, it is also necessary to emphasize theadjustment in the custody supervision guardian range, the guardian of the rights andobligations according to the characteristics of the vegetative state custody,aiming atmeeting the needs of the vegetative custody.The third part probes into the possibility of the regulations abouttreatment-limiting decision. Based on the theory of treatment-limiting decision for thevegetables, the author believes that treatment-limiting decision maintains thevegetable’s dignity of death. Firstly, the author introduce the concept of dignity ofdeath, analyzes the cases and the basic elements of death with dignity, and thendraws a conclusion that our country is not suitable for the introduction of the Dignityof Death but shall set to the legislative model of a more mature and ease of the systemas the regulation of treatment-limiting decision.The fourth part introduces the concept and characteristics of the hospice system,and clarifies the possibility of combining the vegetative state care and the hospicesystem from the theoretical and practical perspective. Based on this argument, theauthor holds a view that the hospice mechanism is superior to the death with dignity,building a slow death with dignity which is connecting with hospice system as thechoice of treatment-limiting decision for vegetables in our country. Furthermore, the author advocates slow death with dignity as the embryonic form of the Death WithDignity.