建立我国临终关怀法律制度的思考

Reflection on the Establishment of the Legal System of Hospice Care in China

临终关怀作为一种对临终患者及其家属所提供的护理服务,其本质是对患者选择尊严死亡权利的尊重。目前,我国仍然处于临终关怀的初步发展阶段,存在着传统观念阻碍发展、对临终关怀机构定位不清及管理不规范、及政府重视不够、资金来源不足,临终关怀医务人员综合素质不高、基本医疗保险制度不完善和法律存在空白等情况。借鉴相关经验,结合我国自身特点,应从临终关怀服务机构的准入标准,临终患者的资格审核,临终关怀服务的适用对象、程序、操作规范标准化和内容等方面进行立法完善。

Hospice care, with its essence is to give patients respect to choose dignified death, is one of the services provided for dying patients and their families. At present, it is still at the preliminary stage of development in China, and there are some problems, such as traditional ideas hinder its development, the management of hospice care organizations is not standard, the orientation of hospice care is not clear, the government does not attaches enough importance to it, there is not enough capital, overall quality of hospice care staff is not high, basic medical insurance system is not perfect, and there are some law blanks, etc.. By referring to related experiences and combining the characteristic of China, we should perfect the legislation from the following aspects： access standards of hospice care services, the qualification review of dying patients, the applicable objects, procedure,practice standardization and content of hospice care, etc..