| Influenced by traditional Confucian "home" culture,adhere to the medical family of alternative decision rule doctrine is individualism prevailed,although to a certain extent to protect my interests,and effectively avoid the disputes between medical staff and patients and their close relatives,but to deal with the problem of the patient’s medical affairs late,late completely deprived of the patient’s medical self-determination.Different from the concept of medical alternative decision rule,assisted decision-advance medical directive,centered on personal decision,gives terminally ill patients great autonomy and personal dignity,which is of great significance for coping with the increasingly serious aging and safeguarding the rights and interests of the elderly to die well.Compared with developed countries or regions,the development of pre-medical instruction in China is still in the initial stage,mainly relying on the promotion of non-governmental organizations.However,due to the lack of clear legislative support,people have constant disputes over its effectiveness identification and application scope.In view of the immaturity of relevant theoretical research and low social awareness,the author suggests to take the approach of legislation pilot to be popularized,and then implement in the whole country after the legislative opportunity is mature.The paper is about 30,000 words,divided into four parts:Part one: Ask questions.Based on the analysis of Qiong yao’s open letter,this paper points out the common phenomenon in modern society,and points out the insufficiency of China’s medical decision-making system: under the intervention of the traditional medical family system,the author is excluded from the decision-making subject that concerns her vital interests.Part two: The extraterritorial legislative provisions of the pre-medical instruction system.It is divided into two sections,mainly explaining the current situation and trend of legislation of pre-medical instruction system in countries or regions outside China,laying a foundation for the introduction of pre-medical instruction system in the following paragraphs.Before discussing whether to construct the pre-medical instruction system in China,the author first examines the background of developing the pre-medical instruction system in countries or regions outside China,so as to examine whether there are environmental conditions for developing the pre-medical instruction system in mainland China.Secondly,the author conducted a longitudinal study on the development of the pre-medical instruction system and found that,in the medical level,the "alternative decision system" gradually gave way to the "assisted decision system",which changed from the state intervention as the main form to the independent decision and the state intervention as the auxiliary form.Moreover,from the perspective of national legislation,the scope of application of pre-medical instructions is gradually expanded,and is no longer limited to terminally ill patients who are dying without any hope of recovery.Therefore,from the legislation trend of medical instructions in advance and the expansion of the scope of view,by building a health indicator system to solve in advance under the condition of not make medical decisions in patients with medical decisions to slip problem,has become the choice of most countries or regions,which have certain reference significance for China’s mainland,at the same time for solving our country under the background of aging population on medical self-determination security problems of patients with advanced provides a train of thought.The third part: Analysis on the legitimacy and feasibility of introducing advance medical instruction system in China.The author proves it through four parts,which are the social status under the aging population,the controversy of introducing pre-medical instruction in the dying stage,the significance of introducing pre-medical instruction in the dying stage,and the feasibility of introducing pre-medical instruction in the dying stage.Part four: The concrete rules of constructing the pre-medical instruction system.From the legislative model of health instruction system in advance,advance medical directives applicable condition limit,the establishment of the medical instructions in advance,to withdraw,effect and so on,combined with the country or region outside of legislation as well as China’s national conditions,in the interests balance relatives and patient autonomy rights,on the basis of the future of our country to construct specific rules of health instruction system,is suggested in advance in order to patient medical decisions and the elderly rights and interests safeguard benefit to end well. |