缓和医疗立法的问题、经验与构建

The Problem, Experience and Construction of Mitigating Medical Legislation

随着生命质量概念的提出和全人健康照护理念在世界范围内的发展,缓和医疗作为一门新兴学科愈加受到重视。近年来,缓和医疗开始进入我国,并逐渐得到社会各界的广泛支持。然而,在操作层面上,由于缺乏法律规范的明确指引,各相关方的权利、义务与责任无法清晰界定,使得缓和医疗的发展受到明显制约。具体而言,缓和医疗法律制度目前主要存在概念内涵不准确、适用范围不明确、医疗决定程序不清楚以及权责划分不清晰等问题。在借鉴澳大利亚、美国、中国台湾和德国等国家、地区立法经验的基础上,缓和医疗法律制度可从适用前提、医疗决定权、医生义务等方面予以完善、构建,以此促进缓和医疗在我国的发展。

With the concept of quality of life and the development of the concept of whole-person health care in the world,palliative care has become more and more important as a new subject. In recent years,palliative care has begun to enter China and has gradually gained wide support from all walks of life. However,at the operational level,due to the lack of clear guidelines for legal norms,the rights,obligations and responsibilities of all parties concerned cannot be clearly defined,which makes the development of palliative care significantly constrained. Specifically,the mitigation medical legal system currently has problems such as inaccurate concept connotation,unclear scope of application,unclear medical decision procedures,and unclear division of powers and responsibilities. Based on the experience of countries and regions such as Australia,the United States,Taiwan,and Germany,the mitigation medical legal system can be improved and constructed from the applicable premise,medical decision-making power,and doctor's obligations,so as to promote the development of palliative medical care in China.