ABSTRACT
Assisted Reproductive Technology(ART) as a medical technology to treat infertility is gradually increasing the applications in domestic and foreign countries. In fact, some single women have birth demands for the application of ART in China. This paper described the reasons why some single women in China have demands for the application of ART, and analyzed the relevant legal, ethical and social issues that may be faced in the applying of technologies. Besides, the paper suggested that the using of ART in single women should be banned in principle, but for some widowed single women who lost their husbands during the process of ART, considering allowing them to complete the unfinished applications at their request. Meanwhile, a self-assessment mechanism should be established for these widowed single women, and ethical principles and managements should be strictly followed in the process of ART application to prevent the abuse of technology and fully protect the interests of offspring.
ABSTRACT
In recent years, the issue of end-of-life decision making has received broad attention. More and more people have been appealing for the respect for terminal patients’ wishes in decision making. Many scholars have proposed the application of advance medical decision to ensure the autonomy of terminally ill patients. Given that advance medical decision does not have legal effect in China, the Beijing Health Law Society proposed the "Expert Consensus on Legal Issues Related to End-of-life Decision Making" in July 2022. This consensus provides clear guidance on how to make medical decisions for terminally ill patients, based on the principle of respecting the patient’s wishes within the framework of current laws and regulations. The consensus aims to provide guidance for both doctors and patients about how to respect patients’ own wishes and protect their autonomy, as well as to provide reference for future law and policy formulation on related issues.
ABSTRACT
From the perspective of protecting patients ' autonomy rights , this paper analyzed the problems of the realization of patients ' autonomy rights in advance medical decision .Based on protecting patients ' autonomy rights in laws and respecting individual autonomy in ethics , this paper analyzed the feasibility of popularizing , a-dopting and implementing freewill guardicnship in our country .From the perspective of legal confirmation of guardi-anship , this paper discussed the paths to fully protect patients ' decision -making autonomy rights , and analyzed the feasible basis and possible related problems of the implementation of durable power of attorney for healthcare in the current legal framework .On this basis , it put forward to effectively promote and apply advance medical deci-sions, fully implement patients ' medical intention using durable puwer of attorney for healthcare , and fully protect the implementation of patients ' autonomy rights in medical practice .
ABSTRACT
From the perspective of protecting patients ' autonomy rights , this paper analyzed the problems of the realization of patients ' autonomy rights in advance medical decision .Based on protecting patients ' autonomy rights in laws and respecting individual autonomy in ethics , this paper analyzed the feasibility of popularizing , a-dopting and implementing freewill guardicnship in our country .From the perspective of legal confirmation of guardi-anship , this paper discussed the paths to fully protect patients ' decision -making autonomy rights , and analyzed the feasible basis and possible related problems of the implementation of durable power of attorney for healthcare in the current legal framework .On this basis , it put forward to effectively promote and apply advance medical deci-sions, fully implement patients ' medical intention using durable puwer of attorney for healthcare , and fully protect the implementation of patients ' autonomy rights in medical practice .
ABSTRACT
Advance medical directive is a statement made by a patient ,which indicates patient′s acceptable or unacceptable treatments , when he or she is not competent to make a medical decision .There are two types of ad-vance directive , which are living will and durable power of attorney for healthcare .The paper will briefly introduce advance directive′s history and analyse its controversies throughout the world .In China , most people don′t own an advance directive .When these patients are faced with medical emergency , their desires can not be known by their relatives, and not to mention let their relatives respect their desires .Cultural barrier and the lack of regulation and propaganda on advance directive are the main reasons cause the current situation of advance directive in china . Based on the analyses above , the paper offers a suggestion that it is necessary to widely promote advance directive in China .During the process of promoting advance directive , should pay attention to guide and respect traditional culture .
ABSTRACT
This paper identified misunderstandings of the measures taken in China to overcome the problems incurred by off-label uses (namely reliance on drug makers to modify their medicine specifications,on medical institutions to enhance their regulation and management of off-label uses,and on informed consent to avoid risks).Based on such findings,the paper named defects found with such measures,and puts forward feasible ideas and methods to make such off-label uses legitimate and reasonable.These include clarification of the legal status of the medicine specifications,encouraging authoritative guidance for off-label uses,and determining the subject of evaluation to approve the off-label uses as reasonable.Such efforts aim at helping off-label uses out of the legal difficulties.
ABSTRACT
This paper considers that the bifurcation on gene patent radically is bifurcation between law and ethic through analying the actuality and bifurcation on gene patent.By discussing relationship between law and ethic,it discloses the realistic legal reasons of gene patent and ethical obstacle of gene patent,defines the basic thoughts of resolving the bifurcation on the law and ethic.On these bases,this paper puts forward the new ideal about legal protection system of gene,considers that we should establish the new legal protection system of gene based on the exploration priority of production aobut gene research.