China has established the basic rules of informed consent in the medical field through Articles 1219 and 1220 of the tort liability part of the Civil Code of China to address the legality of medical conduct.Since pati...China has established the basic rules of informed consent in the medical field through Articles 1219 and 1220 of the tort liability part of the Civil Code of China to address the legality of medical conduct.Since patients’capacity to consent is the prerequisite,when the patient is a fully competent person,it is sufficient to give consent based on valid notification by the doctor.However,for those who are unable to give valid consent,especially adult patients with impaired capacity,resolving the legality of the doctor’s medical conduct remains an issue when it infringes on the patient’s body and health.To solve this issue,someone must give consent in place of the patient when the adult is unable to give valid consent.However,the personal and exclusive nature of the right to medical consent,which is informed consent,makes it impossible to simply delegate it to a guardian or other person to exercise it on behalf of the patient.In this paper,we borrow the concept of“medical proxy”proposed by Japanese scholar Teruaki Tayama,and for the first time,we discuss the construction of medical proxy from the perspective of adult guardianship by connecting the two systems from the standpoint of interpretive theory.展开更多
China Is aging society poses new challenges to guardianship system in the General Rules of the Civil Law of the People s Republic of China.The General Provisions of the Civil Law adapts to the requirements of the time...China Is aging society poses new challenges to guardianship system in the General Rules of the Civil Law of the People s Republic of China.The General Provisions of the Civil Law adapts to the requirements of the times and makes some important amendments and supplements to the guardianship system,notably the scope of adults with civil disability or limited capacity for civil conduct is no longer limited to people with a mental illness.However,there remain many deficiencies in the regulations.Based on the framework provisions of the existing guardianship system of the General Provisions of Civil Law,in the compilation of the marrage and family provisions in the Civil Code,it is necessary to strengthen the protection of the rights and interests of the elderly in an aging society,further improve the elderly guardianship system,including changing the single pattern of the guardianship system and improving the"dual subject"pattern of adult guardianship and adult support system,expand the scope of protected subject of guardianship,and improve the existing system of intentional custody,adult guardianship system,and guardianship and supervision system.展开更多
Based on the guardianship system in the General Principles of the Civil Law, the General Provisions of the Civil Law establish the three concepts of respecting the true will of the ward, benefiting the ward to the gre...Based on the guardianship system in the General Principles of the Civil Law, the General Provisions of the Civil Law establish the three concepts of respecting the true will of the ward, benefiting the ward to the greatest extent, and moderate intervention of public power in guardianship. The three concepts are embodied in the specific provisions of the guardianship system, highlighting respect for and protection of human rights under the spirit of the Constitution as well as the human rights concept of protecting the interests of this vulnerable group, improving the scope of protecting the human rights of minors, the disabled and the elderly in the Chinese guardianship system. The General Provisions of the Civil Law expand the functions and types of the guardianship system, enrich and perfect the guardianship system for minors, and clearly stipulate the conditions and means for disqualifying guardians, and arranging temporary custody and state custody. They expand the scope of guardianship for minors, respond to the reality of increasing guardianship needs and the aging of Chinese society, dovetail with the international community’s concept of respecting and safeguarding the rights of the elderly and adults with disabilities, and reflect the law moving with the times. The Specific Provisions on Marriage and Family under the General Provisions of the Civil Law now being compiled should refine and enrich the guardianship system under the framework of the guardianship system in the General Provisions, so that they become the rules of conduct that is practically feasible and enforceable in judgments.展开更多
基金a stage achievement of the Research on the Deregulation of Enterprise Annuity Funds in Liaoning Provincea 2020 Liaoning Provincial Social Science Fund project(Project Approval No.I20AFX004)。
文摘China has established the basic rules of informed consent in the medical field through Articles 1219 and 1220 of the tort liability part of the Civil Code of China to address the legality of medical conduct.Since patients’capacity to consent is the prerequisite,when the patient is a fully competent person,it is sufficient to give consent based on valid notification by the doctor.However,for those who are unable to give valid consent,especially adult patients with impaired capacity,resolving the legality of the doctor’s medical conduct remains an issue when it infringes on the patient’s body and health.To solve this issue,someone must give consent in place of the patient when the adult is unable to give valid consent.However,the personal and exclusive nature of the right to medical consent,which is informed consent,makes it impossible to simply delegate it to a guardian or other person to exercise it on behalf of the patient.In this paper,we borrow the concept of“medical proxy”proposed by Japanese scholar Teruaki Tayama,and for the first time,we discuss the construction of medical proxy from the perspective of adult guardianship by connecting the two systems from the standpoint of interpretive theory.
文摘China Is aging society poses new challenges to guardianship system in the General Rules of the Civil Law of the People s Republic of China.The General Provisions of the Civil Law adapts to the requirements of the times and makes some important amendments and supplements to the guardianship system,notably the scope of adults with civil disability or limited capacity for civil conduct is no longer limited to people with a mental illness.However,there remain many deficiencies in the regulations.Based on the framework provisions of the existing guardianship system of the General Provisions of Civil Law,in the compilation of the marrage and family provisions in the Civil Code,it is necessary to strengthen the protection of the rights and interests of the elderly in an aging society,further improve the elderly guardianship system,including changing the single pattern of the guardianship system and improving the"dual subject"pattern of adult guardianship and adult support system,expand the scope of protected subject of guardianship,and improve the existing system of intentional custody,adult guardianship system,and guardianship and supervision system.
文摘Based on the guardianship system in the General Principles of the Civil Law, the General Provisions of the Civil Law establish the three concepts of respecting the true will of the ward, benefiting the ward to the greatest extent, and moderate intervention of public power in guardianship. The three concepts are embodied in the specific provisions of the guardianship system, highlighting respect for and protection of human rights under the spirit of the Constitution as well as the human rights concept of protecting the interests of this vulnerable group, improving the scope of protecting the human rights of minors, the disabled and the elderly in the Chinese guardianship system. The General Provisions of the Civil Law expand the functions and types of the guardianship system, enrich and perfect the guardianship system for minors, and clearly stipulate the conditions and means for disqualifying guardians, and arranging temporary custody and state custody. They expand the scope of guardianship for minors, respond to the reality of increasing guardianship needs and the aging of Chinese society, dovetail with the international community’s concept of respecting and safeguarding the rights of the elderly and adults with disabilities, and reflect the law moving with the times. The Specific Provisions on Marriage and Family under the General Provisions of the Civil Law now being compiled should refine and enrich the guardianship system under the framework of the guardianship system in the General Provisions, so that they become the rules of conduct that is practically feasible and enforceable in judgments.
