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논문 기본 정보

자료유형
학술저널
저자정보
李霞 (华东政法大学婚姻家事法研究中心主任)
저널정보
한국후견·신탁연구센터 후견 후견과 신탁 제1권 제2호
발행연도
2018.7
수록면
53 - 68 (16page)

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초록· 키워드

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Advance directive is a legal tool that allows a patient with a physician"s ability to prescribe medical care in advance when he or she loses his / her physician"s abilities. The advance directive system will provide a pathway to lead the medical staff in the future even if the patient loses his or her ability to do so in the future, and through this system, the self-determination of the patient without the doctor"s ability will be extended to the maximum extent. There are two types of proactive directives: instruction directives and proxy directives. Indictive prior instruction is a direct indication of the patient"s medical practitioner, and the proxy pre-instruction is derived from a continual delegation system, namely power of attorney for health care. The patient may designate a healthcare proxy / healthcare agent in advance according to his or her own opinion, and if the patient loses his or her ability to do so, the agent makes a medical decision on behalf of the patient. Delegate dictionary instruction has the following advantages. First, a normal directed instruction should be interpreted and may not include all future medical situations. On the other hand, the medical agent can understand the patient"s medical doctors and cope with future unpredictable situations. Second, the medical agent will ask questions, evaluate risks and costs, participate in complex medical decisions with patients with physician abilities, interact with patients" family or friends, consider a series of medical choices, And recovery potential. Third, because there is usually only one legal representative in the law, conflicts of interest between medical decision makers can be avoided. Because the medical agent is entrusted to the patient, the medical decision of the medical agent is in accordance with the patient"s wish, and other relatives or friends have no right to make a decision unless the court sues the medical agent"s right. Fourth, by granting the medical decision to the medical agent, the doctor can perform only the medical act according to the direction of the agent, thereby reducing the burden of the doctor making a decision for the patient, Criminal liability may not be borne. There are also disadvantages to proxy precedence. First of all, the medical agent is usually the patient"s relative or friend, and many patients do not want their relatives or friends to take "hard choices" to bear heavy responsibilities. Next, the medical representative may not be able to fully reflect the patient"s wishes. For example, pressure may make irrational medical decisions because the agent alone is under pressure to make decisions.

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要約
一、预先指示的正当性基础
二、预先指示在中国的现状和学说争论
三、当代先进各国主流规定概览
參考文獻
Abstract

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UCI(KEPA) : I410-ECN-0101-2018-036-003335196