Exploration of the realization path of living will under the current legal system in China
10.12026/j.issn.1001-8565.2025.04.14
- VernacularTitle:中国现行法律制度下生前预嘱的实现路径探讨
- Author:
Keyi XU
1
;
Jingqi JIA
1
;
Xin HU
1
;
Yinxiao LU
2
;
Ruishuang LIU
3
Author Information
1. School of Nursing， Peking University， Beijing 100191， China
2. School of Law， Peking University， Beijing 100871， China
3. School of Health Humanities， Peking University， Beijing 100191， China
- Publication Type:Journal Article
- Keywords:
living will;
right to life;
right to self-determination;
realization path;
legal regulation
- From:
Chinese Medical Ethics
2025;38(4):500-511
- CountryChina
- Language:Chinese
-
Abstract:
Under the current legal framework， living will， as an important legal tool for safeguarding patients’ autonomy and dignity， have been widely recognized and implemented in many countries and regions. In China， the promotion of living will also has a solid legal foundation， with their legitimacy reflected in several provisions of the Civil Code of the People’s Republic of China. One of the highlights of the Medical Regulations of the Shenzhen Special Economic Zone （revised in 2022） is the clarification of the legal effect of living will. To ensure that patients’ living will can be accurately implemented at critical moments， the rights and obligations of patients， family members， and healthcare professionals should be clearly defined within the legal framework， and clear guidance should be provided at every stage of implementation.
