A Study On The Necessity And Feasibility Of Legislation On Hospice Care In China

The Hospice care is a spiritual support which provide a good healing atmosphere and warm human relationship for cancer patients.It not only helps patients to go through the final stage of life,but also comforts and CARES for patients' families.The purpose of hospice care is to improve the quality of life of patients and their families,to provide holistic and positive social and psychological treatment,so that patients can still have the company of their families and the care of all sectors of society at the end of life,so that they are no longer lonely and afraid.It manifest that the emergence of hospice care is a symbol of the developing modern civilization.The Hospice care is to let patients live in peace and dignity,to alleviate the suffering of patients as the main treatment means,to improve the quality of life of patients as the goal,and focus on patients whom "live in peace and happiness",which is different from euthanasia to "solve the suffering of people" in nature;Hospice care and dignity death connotation is also different,palliative care is in pursuit of the quality of life in patients from the beginning the clear refused to use CPR and accept for medical treatment measures,and dignity is dead patients died in pursuit of dignity and select remove or suspend the CPR and subsist medical measures,both are overlapping,but there is another difference.Hospice therapy originated in western developed countries and has developed rapidly all over the world.However,since China started the trial of hospice therapy in the 1980 s,it has not been well known and effectively used by the public.The reason is that China has not legislate a system,which leads to the lack of management authority and unclear responsibilities of relevant departments and institutions,and the unclear content of the applicable objects,implementation conditions,rights and obligations of relevant subjects of hospice care,etc.,which has brought numerous obstacles to its development in practice.To solve the above problems,we must legislate a legal system of Hospice care.Hospice therapy is the product of social development to a certain stage.The development of hospice therapy is a further interpretation of the connotation of human rights in the constitution.At present,with the steady progress of relevant nationalpolicies,China's hospice care has the corresponding legislative conditions.China can learn from the rich legislative experience outside China,and then take the existing legislation in the mainland as the support to provide the feasibility basis for China's hospice care legislation.In terms of the specific direction of the legislation on hospice care,our mainland should consider the form of special law,and in terms of substance,we should mainly consider the construction of its applicable objects,pre-established medical instructions,implementation subjects and implementation methods,examination and supervision subjects and other institutional issues.China's legislation on hospice care and its inclusion into China's legal system are exactly in line with the trend of The Times and people's expectations,as well as a further interpretation and new interpretation of the connotation of human rights in the constitution.