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Analysis Of The Legal Issues Of Living Will

Posted on:2020-01-10Degree:MasterType:Thesis
Country:ChinaCandidate:Z Z MiaoFull Text:PDF
GTID:2436330572487013Subject:Law
Abstract/Summary:PDF Full Text Request
"When the time comes,do you choose to do everything you can to save lives,such as intubation or going on a ventilator,or do you give up all life support and die with dignity and without suffering?With the change of times,people's ideas will always change,and more and more people begin to pay attention to their personal rights and interests at the end of life.At this time,living will system emerged as the times' require.Living will system refers to a kind of pre-medical instruction that citizens sign when they are clearly aware and decide in advance whether to save or use life support measures at the end of the incurable life or when the irreversible death comes.The system originated in the United States and was quickly established in some countries.At present,living will system is still blank in legislation of our country.On the social level,it can be divided into two aspects.First,there are disputes in the academic circle about the establishment of this system in China,with both support and opposition.On the other hand,there have been some attempts to promote the pre-life system among the people,such as establishing related websites and forming associations,but generally speaking,the public's awareness of this system is still very low.At present,living wills in China also encounter many difficulties,mainly the conflict with the traditional Confucian concept of "respecting life and avoiding death" of traditional Confucian culture.In this case,by analyzing the living will system abroad,this paper mainly studies the concept of living will,social and legislative status quo,difficulties faced and the feasibility of living will.Legislative Suggestions are proposed on the constitutive elements,effective conditions,tort liability,preservation and revocation of living wills.
Keywords/Search Tags:living will, Personal dignity, Autonomy of will, The right to lifein conflict with the traditional Confucian concept of "respecting life and avoiding death"
PDF Full Text Request
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