生前预嘱制度的检视与完善

Review and Perfection of Living Will System

  • 摘要: 随着2022年修订版《深圳经济特区医疗条例》的正式颁布,我国在立法上首次承认生前预嘱的法律效力,由此也引发了全社会的广泛关注与讨论。由于受传统文化、法律制度、医疗服务供给等因素的影响,生前预嘱的实践运行存在诸多挑战。目前,生前预嘱的制度完善需从实践中遇到的难题入手,着重营造良好的制度实施环境,进一步完善生前预嘱的具体操作程序,同时提高安宁疗护的社会供给能力,以更好地维护和保障生命末期患者的根本权益。

     

    Abstract: As the revised Medical Regulations of Shenzhen Special Economic Zone was officially promulgated in 2022, China recognized the legal effect of living wills for the first time in legislation, which also triggered widespread concern and discussion in the whole society. Due to the influence of traditional culture, legal system and medical service supply, there are many challenges in the practice of living wills. Now, the improvement of the system of living wills should start with the problems encountered in practice, focus on creating a good system implementation environment, further improve the specific operating procedures of living wills, and improve the social supply capacity of hospice care, so as to better safeguard and protect the fundamental rights and interests of patients at the end of their lives.

     

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