Research On Advance Directive For Health Care Under Rights Of Self-determination Of Medical Treatment

Advances in medical technology have made life prolonged possible,and for some patients,whether this is prolonging life or prolonging death is controversial.In order to respect the patient's intention,the patient can still grasp the medical autonomy under the unconscious state,and the advance medical instruction system came into being.However,the legal effect of the advance directive system in the initial stage is still unclear in China,and theoretical research is also insufficient.Based on this,this paper attempts to conduct a comprehensive study on the advance directive system from the perspective of medical autonomy,and find out the development direction suitable for China.In addition to the "Introduction" and "Conclusion",this article is divided into three parts:The first part: the theoretical basis of the advance directive.Medical autonomy is the core foundation of advance medical instructions.Patients can choose to accept or refuse treatment according to the doctor's notification in daily medical treatment.However,when the patient refuses a medical treatment,the result of the rejection is inevitable.At the time of death,there was a conflict between autonomy and the right to life,which led to an important question: whether life can be disposed of.This is a highly complex issue involving many aspects such as philosophy,ethics,morality,law,etc.This paper only analyzes it from the perspective of personality rights in the field of civil law.There are different answers to this question from the perspective of personality rights.However,there is a cautious support for the decision to abandon treatment at the end of the disease,and they believe that this is a reasonable and legal choice.The restrictions have detailed requirements.Then,what is the difference between the behavior of refusing treatment in this situation and the result of death,and the behavior of committing to killing,euthanasia,etc.? The essence lies in the particularity of medical behavior.Contemporary medical care,especially invasive medical treatment,is a high-risk activity.Even if it agrees that treatment itself will be trapped in a very high risk,there will be “informed consent”.The law's proposal,its consent or rejection is not only the acceptance and rejection of this behavior,but also the risk of the behavior is willing to accept,and therefore can not force patients to receive certain treatment.The second part: The Challenges of Advance Medical Directives.The nature of the advance medical indication is the expression of the patient's medical will.So,how to ensure that patients are pre-medical instructions that represent their true will in a state of freedom and autonomy? Secondly,in the case of imperfect medical security system in China,is the advance directive for refusing treatment for economic reasons true expression? Finally,what is the effectiveness of the determination after its true meaning? For all the above problems,first of all,it is clear that the advance medical instructions are aimed at safeguarding the patient's medical autonomy.The instructions are made in the true sense before the entry into force,and the advance directives based on economic pressure will inevitably be affected.Secondly,the effectiveness of the advance directive is not the requirement to comply with the implementation,but the question of whether or not to assume responsibility after execution,that is,the exemption of the responsibility of the medical staff.The focus is on resolving conflicts between patients,family members,and medical institutions.The third part: the thinking of China's advance directives.The meaning of voluntary means that the advance directive is made before the advancement.In order to protect the autonomy of the individual,the form of the written form is more valued.In addition,in complex and variable clinical treatments,it is a good choice to regularly evaluate the advance directives to ensure that the individual's latest meaning is expressed.In the context of China's special medical and health system,the risk of being forced to abandon treatment due to economic pressure also puts higher demands on the conditions and review mechanism of the advance directive.Predicting the unclear expression of the province will lead to misunderstanding of the parties,which will make the patient's willingness to fail.The pre-existing content standard will help the individual to clearly express and understand others.As for the decision-making risk of the medical agent,the interest should be taken as the core of its elective conditions and added to the private supervision mode.Finally,in the face of the first,the public is not familiar with the concept of advance medical instructions;second,the reality of the medical autonomy is not perfect.It is recommended that the legal status of advance directives be recognized first,but it would be more appropriate to suspend its comprehensive provisions and promote them in a non-legislative manner as a transitional phase.The possible creation of this paper is to analyze the pre-medical instructions and explore the difference between similar behaviors such as homicide and euthanasia,and gradually study the effectiveness of the advance directives from the direction of the patient's meaning.The current situation of medical legislation in China is trying to find a path for the advance directive of China.The shortcoming of this paper is that the legislation on the advance directives is not enough.The detailed research on the field is not carried out in detail.The participation of family members made it impossible to conduct empirical research in light of actual conditions.