The Construction Of The Legal System Of Pretestate In Our Country

In order to show the respect of private law for the right of life,the respect for independent decision,and the maintenance of human dignity,Living Will is a system that many countries and regions legislate.However,the system is still in a blank state in the legislation of mainland China,which can not meet the legitimate and reasonable demands of the people,is not conducive to the systematic development and improvement of the system of personality rights in China,and is not conducive to the ethical care of natural persons.On the basis of reference to other national laws and regulations,it is necessary to establish the system of Living Will in China.First of all,this paper explains the connotation of Living Will,analyzes its legal nature and legal characteristics,and holds that Living Will belongs to the civil legal act with conditions in nature,which is an important legal act with strong procedural requirements with the disposition of life interests as its content.Secondly,starting from the ethical basis,value basis and legal basis,this paper comprehensively analyzes the theoretical basis of the system,which provides theoretical support for the introduction and certification of the system.Thirdly,from the perspective of the high appeal of the aging society,the fit of the civil legal system,and the practice of our social life,combined with the reality of other countries' Living Will system,this paper analyzes the practical feasibility of the implementation of Living Will system in China.At last,on the basis of the necessity and feasibility of theory and practice,combined with the reality of all aspects of our country,this paper puts forward the construction of the system of Living Will in our country.In the legislative model,it is proposed to stipulate the system of Living Will in the form of special law on the basis that the public is familiar with and accepts the concept of Living Will;in terms of making Living Will,the main conditions,forms and procedural requirements of its manufacture shall be specified;in the type of Living Will,according to whether the agent has the right to decide,it should be divided into directive type and agent type;in the content of Living Will,it should indicate what kind of medical treatment the person wants to be treated for at the end of his or her incurable life;in the way of saving and executing the Living Will,it can be kept by himself or his or her close relatives,recorded in the medical insurance card,and implemented according to legal and reasonable procedures.In the effect of Living Will,we should make clear the different situations of the validity,invalidity,invalidity and cancellation.In terms of the civil liability of violating the Living Will before death,we surely think that the medical treatment against the patient's will belongs to the tort,and the way of bearing the tort liability should mainly include stopping the invasion and compensating for the loss.The medical institution should bear the corresponding civil liability for the increased cost and mental damage to the patients and their families caused by the additional medical measures imposed by the medical institution on the patients.