Analysis On The Construction Of Medical Pre-decision System In Our Country

The concept of living will sprouted in the 1970s.At that time,the use of modern life-sustaining medical treatment(LSMT)greatly impacted people's traditional perceptions about life time value,quality of life,and life value,aroused people's thinking about the right to death,and then the right to death movement was offically on the rise.During the development of the right to death movement,radicals vigorously promoted euthanasia and called for legislation to recognize its legitimacy.As a result,euthanasia was exposed to the eyes of the public.As to whether it is legal,it has not yet been determined internationally.Approvals,however,are based on very strict legal restrictions.While western countries are arguing for the legitimacy of euthanasia,medical orders more modest than euthanasia are quietly on the stage of history.In China,there is no legislative protection for living will,and doctors have no clear legal norms to follow,but the theoretical support of the living will system can be derived from patients autonomy right.Therefore,the research content of this article is mainly divided into four parts:The first chapter is the basic theoretical support for the construction of the living will system.This section analyzes whether the living will system is rational by clarifying the theoretical support of the living will system.With the mass publicity of the concepts of living will and death with dignity,more and more people are concerned about the right to death.As the right to death,as opposed to the right to life,once it is proposed,whether in academia or society,Both have sparked heated discussions.According to the currently published papers,many scholars have divergent opinions on this.Some scholars believe that the patient's autonomy originates from the concept of death with dignity,and some scholars believe that the patient's autonomy originates from the concept of natural death,It is difficult to reach a conclusion.Therefore,in order to clarify the source of the theory,it is necessary to make a detailed analysis and introduction of similar concepts such as dignified death,natural death,and euthanasia.As the basic right protected by the Constitution,the right to life has some conflicts with the patient's autonomy in the realm of living wills,which need to be weighed to establish the standard of the game between the two.The second chapter analyzes the extraterritorial experience of the living will system.In view of the blank legislation in the living will system in China,we need to draw on a lot of advanced extraterritorial experience.In the United States,Canada,Singapore,South Korea and other countries,as well as in Hong Kong and Taiwan,China,living will is given legal effect in the form of common law principles or special legislation.Taking into account the current situation and moral traditions of various countries and regions,the author believes that the relevant practices of Asian countries(regions) may bring more experience and inspiration to China,such as Japan,South Koreaand other countries(regions).In recent years,the "Peace of Mind Medical Regulations" in Taiwan,China,has been amended many times and the "Patient Autonomy Rights Act" has been issued to improve the tranquilization care system,which has rich research value.Therefore,it is necessary to make a detailed comparison of legislative experience aborad and in Taiwan,China,to extract the essence.The third chapter is the realistic basis for establishing a living will system in the mainland of China.This chapter analyzes the feasibility of establishing a living will system by summarizing the relevant regulations and current status of practical operation of the existing domestic medical system.Over the past decade or so,the public power has played a vital role in propagating the basic idea of living will.Subsequently,the academic community actively carried out various research activities to explore the public opinion foundation of the living will system.Representatives of people's congresses at various levels and CPPCC members put forward medical advice legislation proposals,and finally promoted the National Health Committee to conduct pilot activities.Most cities have begun dicovery the road of living will and palliative care,and continuously accumulate effective experience for subsequent legislation.The fourth chapter is the establishment of a living will system in the mainland of China.On the basis of exploring various theories and practices,this section chooses an appropriate legislative approach,establishes relevant laws and regulations,and gives living will legal effect.The author agrees with the proposal of the representative of the People's Congress Gu Jin that the administrative regulations can be formulated,and the five aspects including the applicable subject,content and form,effective requirements and legal effects,amendments and revocations,and legal liabilities can be designed.Finally,in order to improve the system construction and ensure the implementation of living will,other related legal systems should be established accordingly.