Comparative Study on the Valid Decision Mode of the Living Will / 中国医学伦理学

ABSTRACT

In the discussion on the establishment of the system of living will in China, the major controversy is whether the living will made by patients in medical treatment is valid. Different countries and regions have different decision-making modes for the validity of living will, which are mainly divided into patient-independent decision-making mode, physician based decision-making mode and family-based decision-making mode. On the basis of drawing lessons from international experience and combining with national conditions, this paper made a comparative analysis of the decision-making modes of the validity of living will. It is believed that the legislation of the decision-making of living will, which suits China's national conditions, should give priority to appointing agents from family members, consolidate the validity of living will through pre-consultation procedure, and confirming their rationality and legitimacy through legal custody and periodic review. In terms of legislative steps, it is suggested that non-legislative forms can be promoted first, and then incorporated it into legislation when conditions are ripe.