Constructing A Study On The Advance Directive System In China

Advanced medical directive system is an important system to realize the subjective initiative of the people and guarantee the realization of medical autonomy.Although the system is currently mainly adopted by Anglo-American countries,the system has had a significant impact on civil law countries.The current advanced medical directive system has also been China's practical and theoretical circles of widespread concern and lively discussion.However,the study of advanced medical directive system in our country's practical and theoretical circles is still scattered and small,and can not fully meet the needs of legislation and judicial practice.Therefore,this paper attempts to use the methods of historical analysis,comparative analysis,ethical analysis and other research methods to study the advanced medical directive system of historical evolution,legitimacy foundation,local needs,legislative considerations and other theoretical and practical issues more systematic.And put forward constructive opinions and suggestions on the system design of the advanced medical directive in China.Firstly,the generation,development and current situation of the advance medical directive were studied.Pre-medical directives were first born in the United States and are constantly optimized and disseminated over long periods of development.Living wills and durable medical power of attorney together constitute the two types of advance directives.Secondly,it discusses the legitimacy basis of the advance medical directive.The legitimacy of the advance medical directive arises from the autonomy of human beings derived from "human dignity" and "autonomy";everyone enjoys "human dignity" without regard to age and intellectual maturity;the realization of "human dignity" needs to exercise autonomy as a means.The realization of medical autonomy is in the multi-value system in the balance,reconciliation process,medical autonomy by the physician discretion,paternalism restrictions and derogation.Thirdly,it discusses the aging of our country,the high incidence of cancer,the limited medical and health resources and the development of palliative medicine.It also puts forward the objective demand for the construction of the pre-medical instruction system in our country.At the same time,on the basis of realistic and objective demand,The existing legislation of the will system,the guardianship system and the agency system,and the continuing concern of the community on the issues of dignity and natural death have provided realistic possibilities for the establishment of our advance medical directive system.Then,the refutation of our legal tradition should not establish a advanced medical directive system and the establishment of China's advanced medical directive will increase the probability of criminal crime point of view.China's legal tradition has a legislative approach,with the development of the revolution;heavy for the state,humanism and other characteristics.And the legal tradition will slowly change with the development of society.People's real legal life and practice is the foundation of the existence of legal tradition.The pre-medical instruction system,which was born in the modern civilized soil,is constantly infiltrating into the legal tradition of our country,so as to form the foundation for the rooting of the system.The crime theory system takes the value or the goal as the starting point,the illegal and the responsibility together constitute the pillar of the crime theory system.We judge whether it is illegal or punishable by analyzing whether the advanced medical instruction has a criminal offense.Academics on the pre-medical instructions to prevent the crime caused by the elements do not match that treatment behavior changes that the superior theory of interest and other doctrine.These three theories argue from different perspectives that the advance medical directive system does not lead to the occurrence of criminal offenses.Finally,the research on the incorporation of the advanced medical directive system in China is studied.In addition to considering the age of the main body of the problem,we should also focus on the patient's ability to consider the problem,should consider the ability of patients,should understand the ability,ability to judge,reasoning ability and selection ability as a key assessment criteria.The contents of the pre-medical instructions may be accurate,specific,or general,but are subject to substantial content.The revocation of a pre-medical indication may be either a consent or a denial of consent.The form of the revocation may be either verbally or in writing,but specific provisions should be made to ensure the viability of the evidence.The implementation procedure should be the focus of the actual operation of the advanced medical directive system and should be adequately demonstrated for the question center if the patient has the ability to make decisions,whether there is a pre-indication,a prior indication of whether or not it is known,whether or not to indicate the current situation,The actual implementation,in order to achieve the ultimate goal.The rights,obligations and responsibilities of the medical agent and the medical provider together constitute the clinical decision of the medical indication in the process of the advanced medical instruction,and the agent,physician and other medical service provider shall have certain rights to bear certain obligations,And is the core of advanced medical directive law.There are legitimate basis for the development of mature advanced medical directive system in other countries and regions in the world.The reality of our country has put forward the objective demand for the system and has the feasible elements to construct the system.Therefore,the construction of our advanced medical directive system with the basis of reality,in the specific construction which should consider the application of the main body,content,implementation procedures,the implementation of multiple factors to adapt to China's national conditions.