On The Institution Of Living Will

Since the beginning of last century,the medical technology developed rapidly,and the human life significantly extended,but it also brought great controversy.In response to the idea of medical autonomy,living wills are produced.A prenatal will is a person's decision to refuse or to obtain a medical treatment for a future dying state when he or she has the ability to make a medical decision.Prenatal will provides a way for patients to control their own medical affairs when they lose the ability of will in the future,which embodies the law of death with dignity.As a pre-planning of self-medical affairs,living wills are related to such concepts as wills,death with dignity,euthanasia,advance directive,and have significant differences.Living will system originated from America.In the course of its development,it once fell into a dilemma that it collided with the state's duty to protect the right to life,and was blocked by life ethics.Instead,through a series of judicial and legislative practice,it is clear that it has legal legitimacy and ethical legitimacy so as to break through the predicaments,and finally develop into a mature legal system.With the prosperity of the concept of human rights,the system began to spread to Europe,Asia,Australia and other countries and regions,and had a significant impact on the world.Our country Hong Kong and Taiwan area endows the living will system legal effect through the different way,but our country mainland's living will is still in the exploration stage,only has the theory discussion and the folk practice,has not had the legal stratification plane concrete stipulation.In our country,the aging situation and the medical contradictions all put forward the demand of the living will system,and the provisions of the patients' right to informed consent provide the possibility for the living will legislation.By comparing and learning from the legislative experience of foreign countries on the system of living wills and in combination with the actual conditions of our country,design the specific rules of our country's living will from four aspects such as the establishment,effectiveness,modification and revocation and legal liability of living will?...