In recent years,the focus of research on the right to a good end in Germany and Japan has turned to the the patient's true meaning and its expression.The true meaning expression needs to meet the requirements of effective notification,having the ability to agree,and not having the defect of the meaning.And the agency rule is not applicable to the right of good end from the perspective of criminal law.It is easy to identify the patients'true meaning in the immediate stage of death.In the absence of a living will,a specific le-gal interest subject is required to make a prior judgment,taking the possibility of recovery and the time of survival as the physical per-missible conditions,and applying constructive consent to determine the true expression of the patient's intention.When we establish the living will system in China,we can construct the systematic structure of true expression of intention,and allow the limited application of the presumed consent rule for patients with no prior medical decision and no intention expression.
关键词
善终权/意思真实/非死亡直接阶段/生前预嘱/推定同意
Key words
the right to a good end/true meaning/non-immediate stage of death/living will/presumptive consent
维普
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