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Research On Living Will System

Posted on:2021-04-04Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiuFull Text:PDF
GTID:2416330620970229Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Birth,aging and death are irresistible natural laws,and everyone cannot avoid them.In the course of the development of social civilization,the attitude towards death has changed from initial panic and fear to passive acceptance and then to calm and relief.All these psychological changes reflect the sublimation of human understanding of the value of life.In the development process from the hope of "eugenics" to the pursuit of "eugenics",the concept of "living wills" entered people's vision.After its origin and vigorous development in the United States,it gradually spread to Europe and Asia,taking root and sprouting.Living wills were incorporated into the legal system through the form of civil code or special law,giving legal effect.In our country,people have already started the promotion of living wills,building websites and forming associations.At the same time,with the opening of ideas and the development of palliative care,the social and ideological foundation of living wills has been continuously expanded.Compared with the folk exploration activities that keep pace with the development of the times,living wills are still lagging behind in China's legal system,and no relevant system has yet been promulgated.According to its legal basis,living wills give full play to subjective initiative and conform to the principle of autonomy of will in civil law.Its legitimacy lies in the application of medical autonomy and informed consent.From the perspective of bioethics,respecting life and death is reasonable in medicine,ethics and law.Based on the analysis of the system and the similar concepts,and the in-depth discussion of the system value,this paper defines the concept of the system from the establishment,preservation,cancellation,execution conditions,legal responsibility and other aspects of the system design,hoping to contribute to the study of the system.
Keywords/Search Tags:Living will, Medical autonomy, Informed consent, Legislative conception
PDF Full Text Request
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