论家庭决策的哲学蕴涵

On Philosophical Meaning of Family Decision-making

"家庭决策"是家庭成员在自愿的基础上共同做出的旨在达到家庭利益最大化之决策。如果患者与家属意见不统一,则可认为家庭已然分裂成小的家庭。家庭决策兼顾个人与他人自由、保障人之主体性与尊严、遵循允许原则、保障家庭与社会的稳定。由此,对器官移植立法中的家庭决策进行了制度设计。

Family decision-making is a decision made by family members on a voluntary basis for the purpose to maximize family benefits. If the opinions of patients and family members cannot be unified, we can think that the family has been split into smaller families. Family decision-making concerns both individual and others＇ freedom. It is consistent with permission principle, protects the dignity of human being, and stabilizes family and society. The paper also designs a family decision-making system in the legis- lation of organ transplant.