The living will system still needs to be perfected at the legislative level.Shenzhen's local legislation has made a prelimi-nary attempt,but its radiation effect is limited,and the aspects of legal theory,institutional norms and ethical view are still to be per-fected.To perfect the system,it is necessary to overcome the variability of the contents of living will,and to reconcile the contradictions between the Confucian view of life and death,filial piety and medical ethics,and clarify the rights basis of living will in civil law to en-sure that it is consistent with the concept of the right to dignity of life in The Civil Code.The principle of life dignity,the principle of clar-ity and the principle of interest balance are the core of the system construction.Only subjects with full capacity for civil conduct can make living wills,and agents can make decisions under special circumstances.The form of a living will should be strict and based on"my five wishes"-what medical services I do or do not want,I want to use or not to use life support treatment,how I want to be treated,what I want my family and friends to know,and whose I want.In addition,a living will registration system will be established to monitor the process of its entry into force,enforcement and revocation to ensure transparency and credibility of the system.
关键词
生前预嘱/生命尊严/权利基础/医疗自主/知情同意
Key words
living will/dignity of life/right basis/medical autonomy/informed consent
维普
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