| With the increasing aging of our country’s population,our country pays more and more attention to medical health and services for the elderly.At the same time,based on the concept of full life cycle health protection for the elderly,the issue of the elderly’s hospice is increasingly concerned,and related research is gradually extending from the field of medicine to law.The research on the right of elderly hospice care provides a jurisprudential foundation and legal guarantee for the realization of the elderly’s hospice.However,as an emerging basic right with diversified content,social security,and national obligation,the right of the elderly hospice care has some problems such as incomplete prior relevant legislation and the lack of special legislative guarantees,and deficiency of relevant policies and guarantees.This article,in which literature research method,normative analysis method and comparative analysis method are used,attempts to start with the connotation,upper concept,and jurisprudential basis of the right to hospice care for the elderly,combined with the protection status of the hospice care right of the elderly,and clarify the necessity of protection of the right of the elderly hospice care in our country,in order to strengthen the legal protection of the right to hospice care and standardize palliative and hospice care services.The article is mainly divided into four parts to explain the issues related to the hospice care right of the elderly.The first part is an overview of the right to hospice care for the elderly.It explains the meaning of hospice care by clarifying the difference between the right to hospice care and other related concepts,points out the subject and nature of hospice care rights,and briefly introduces the upper concept and legal basis of hospice care rights.The second part specifically elaborates the status quo of the protection of the right to hospice care for the elderly in our country.It analyzes the general situation of the development of palliative and hospice care in our country and the legislative protection of the right to hospice care for the elderly,then points out the problems in the protection of the right to hospice care for the elderly in our country and paves the way for the following article.The third part focuses on the experience and reference of the protection of the right to hospice care for the elderly outside the territory.It introduces the development and legislation of palliative and hospice care in Japan and Taiwan,China,and provides some references for the improvement of related systems in our country.The fourth part aims to provide suggestions for the realization of the protection of the right to hospice care for the elderly in our country.Combining our Chinese situation and experience outside the territory,it provides suggestions for improving the existing laws,making special legislation,and improving supporting policies on the issues raised in the second part. |
