生命预嘱制度建构初探简

生命预嘱（Living Will）是人们事先也就是在健康或意识清楚时签署的,说明在不可治愈的伤病末期或临终时要或不要哪种医疗护理的指示文件。生命预嘱尊重患者的医疗自主权,强调了医护人员和患者及家属之间在医疗工作中的合作关系,是医学领域中必要的创新。事实上,由于种种原因,在中国临终放弃治疗已经相当普遍,但对临终患者是否可以预立生命预嘱,告诉医护人员他是否想要手术,插管进食或使用呼吸机来维持生命,我国法律尚无此类规定。由于缺少相关法律制度对医师的行为进行有效的保护和约束,临床实践中医师对临终患者的处理做出决策相当困难。就死亡过程而言,社会提出了明确要求,法律就应当认真对待。本文通过介绍国内外的生命预嘱立法及其实践情况,了解实践中生命预嘱在我国的存在空间,探讨我国未来生命预嘱的立法思路,为我国未来生命预嘱的主要制度的构建略尽绵薄之力。

The elementary research on the constructing of living will system

Living will,as an advance health carde directive,is a set of instructions that a person specify what actions should be taken for his health if he is no longer able to make decision due to serious illness or incapacity.A living will is one form of advance directive,leaving instructions for treatment.By the living will,the individual has the right to make decisions.At the same time,the living will can bring a harmonious relationship between patients and hospitals.It is an indispensable idea in the field of medical science.In fact,it is quite common to find that patient who is terminally ill or their family members usually give up the aggressive and burdensome medical treatment. But for the reason of lack of living will legislation in our country,there is no legislation to allow the potential patient to make a living will to direct the doctors that whether he or she desires for life-sustaining measures such as the operation,tube feeding,respirator or other medical devices under the circumstance.It is seriously difficult for the doctors to decide the way of treatment for the incurable patient due to the lacks of legislation support that could provide the protection and strict standards of behaviour.In term of the death process,society has put forward clear requirements to legislation,the law system should take into considerations.By introducing the legal situation and the effect of practice,this paper conclude that there is a space for the living will to survive,discuss the thought of living will legislation,and try to construct the structure of the living will legal system in the future.