What other "roads" are going to leave when the "During Life" is effective?
Author:Chinese Women's Network Time:2022.07.19
□ Chinese Women's Daily All -Media Correspondent Huang Ting
On the morning of July 5th, Du Qin and her husband came to the Shenzhen Shenzhen Notary Office's office. Under the guidance of notarized personnel, they signed a statement of "During the Order" and became the first manager of Shenzhen's "During Origintes".
"When the elderly were in critical condition in the family, we took some rescue measures according to inertia, but in the end, we only extended our lives for a few days, and the elderly were very painful. I think these pains are not necessary to bear it." In Du Qin, The "During the Daily Bentes" reflects a person's attitude towards life and death. At the moment when he is very rational and decision -making, the signing of the "Daily Unders" statement shows his attitude and is a manifestation of himself.
On June 23, the tenth meeting of the Standing Committee of the Seventh People's Congress of Shenzhen approved the revised draft of the "Shenzhen Special Economic Zone Medical Regulations". Among them, Article 78 has made a breakthrough in the "dying decision right". If the patient sets up the aspiration "Do not do unreasonable rescue", the hospital must respect his will and let the patient walk down the last time calmly. Shenzhen has also become the first region in the country to achieve the legislation of the "During Origin".
Most people expressed their support for the institutional exploration of the "During the Daily Book" in Shenzhen, but some netizens have asked questions about their validity period, whether they are the true willingness of the person who are in order to be a manner. Or worry.
Who said it: Respect for patients and respect doctors
After the relevant regulations of the "During the During Life" were released, Hu Xiaohui, deputy minister of business guidance and R & D department of the Shenzhen Notary Office, found that the number of citizens who came to consult significantly. But after most of them came to the scene, they decided to go back and think again. "They will have some concerns. For example, if the children are firmly opposed, do the doctor listen to my children or listen to me 'Illustrations' Illustrations'? In addition, I do this, will the doctor give up treatment?"
Regarding the former, Hu Xiaohui answered: "The Regulations of the" During the During Life "will be officially implemented on January 1 next year. At present, whether the doctor takes some medical measures to maintain life to listen to the requirements of the patient's family. Knowing the existence of the "Daily Illustrations", there is no position for execution, because it is facing great practice risks. However, after the promulgation of the medical regulations, doctors will have the right to perform the patient's wishes in accordance with the "During the Daily Bench". The guidance 'provides a legal basis, which also reduces the legal risks of the doctor, which has greatly improved the execution of the "During the Daily Book". "
It is worth noting that at present, only in Article 78 of the "Shenzhen Special Economic Zone Medical Regulations", which is mentioned in Article 78 of the Shenzhen Special Economic Zone, it is used or not adopted or does not adopt trauma rescue measures such as intubation and cardiopulmonary resuscitation. In the case of continuity treatment without primary diseases, doctors will obey the content of the patient's "daily beings". In addition, doctors will still do their best to rescue the patients. The judgment of these three situations can only be judged by the doctor. Therefore, the signing of the "During the Daily" is not equivalent to giving up treatment, and it is not the same as euthanasia. Hu Xiaohui reminded: "The" During the Statement of the During Lifetime "has a large deviation with the abandonment of the medical statement by the ordinary citizen's simplicity.
Du Qin is a lawyer at the Beijing Yingke (Shenzhen) Law Firm. She noticed that the "Shenzhen Special Economic Zone Medical Regulations" used the word respect. She believes that this refers to the content of the doctor to respect the party's "life -free", but also implies the entire society, especially those who have established the "life -oriented will". Trust the judgment of the patient's condition. "As long as the doctor is kind, it is within the level of the doctor's cognitive level. The normal judgment made within the experience should be based on his judgment content, and it should not be held accountable. The execution of the instructions will encounter obstacles. "
Who executes: build information sharing and transmission platform
After signed the "Daily Unders" statement, Du Qin scanned the contents of the statement and sent it to all his family. "Except for my husband, my other family may not know that I had made a ' -. I had a life -like instructions. For example, in case of special cases, only my sister was around. The guidance ', then there is no way to do it according to the above content. "
This also reflects a problem, which is that the "During the Origin" has no special publicity or information transmission channel. According to Hu Xiaohui, after the signing of the "Daily Book", the notary personnel will recommend that the parties have a trustee who can help him show the doctor to the doctor at a critical moment. "We will suggest that he can consider making a contempt at the same time. But this is the freedom of the parties. If he feels that he has a very trusted person, he can help me execute it and don't need him to do an extra addition. It's okay. "
When Du Qin and notarized officers first communicated, the other party hoped that she would do it in accordance with the "Integrity Surveillance Agreement"+During the During the During the During the During the During the Demonstration Statement ". However, because she had a clear and unlikely legal guardian who was unlikely, after discussing with the notary, Du Qin decided that she did not need to do the "Survey Agreement".
Du Qin introduced that the monitoring means that a person may have several guardians. In addition to the first order guardian -spouse, there are also parents and adult children. Differential, the parties can designate a person who knows themselves and can do the best as their wishes as their only guardian among several legal guardians. So, who is no lonely old man who does not have a guardian, or is a lonely old man who is not relatives next to him. Since last year, the Shenzhen Notary Office, the Shenzhen Health and Health Commission, Shenzhen Physician Association, and Shenzhen "Daily Resting" Promotion Association, etc., hoped to set up a notarized registration and publicity platform for the "During the During Lifetime" and share data sharing with relevant departments to share data sharing with relevant departments. Let the doctors get information about whether the patient has established a notarization of the "During the During the During the During the During the During the During the During the Duringliots" to help them make a pre -judgment of the medical plan.
Du Qin also agreed to this: "There should be a system that allows the" During the During the Daily Book "set by the parties to reach the doctor directly. If the doctor can directly inquire, then regardless of whether the guardian knows it, the" During the During the During the Life "can be arisen. To the role. "
Perfect details: Face the problem solve the problem
Lawyer Tan Fang, the director of the Shanghai Family and Family Law Firm, once encountered a dispute between a remarriage family. When his father died, only his stepmother was around. After the children returned from abroad, they went to the hospital to retrieve some of her father's medical treatment. They found that when using a certain medicine, the stepmother chose Company A's medicine. Responsibilities.
"Which company's medicine is a small problem. Without the treatment of abandonment, such a conflict may involve more problems in the future, and even cause some unnecessary legal disputes. Therefore, our legislation must have one one. The guidance allows the parties to know what kind of laws can deal with this problem. "Tan Fang said.
Du Qin also believes that the law of the "Illegal" has been a big step forward, but the existing legal regulations still need more detailed explanation and clearer definition.
If the three cases mentioned in the medical regulations, when the parties do "beings during their lifetime", people with a professional background of doctors may explain what specific refers to in order to make them more fully understand. "It seems that it is the choice of three medical solutions, but the specific content and details need to be discussed in depth. The more detailed the regulations are written, it can make it easier for doctors to implement it."
The validity period and revocation of the "Daily Bentes" also attracted everyone's attention. Some people think that applying for a "life -oriented will" can be used in accordance with the law, but when it is revoked, you only need to tell the doctor verbally in the hospital. In this way, can this revocation work?
Du Qin believes that the relevant clauses do not say how to revoke the issue, so the registration system of the "During the During the Order" may solve this problem through some procedure improvements in the future. "Legally, abandonment or withdrawal is equivalent to re -made a ' -. Demonstration' and should be fulfilled in accordance with legal forms. Since we set up the" During the During the During the During the During the During the During the During the During the During the During the During the During the Lifetime, the Revision should be the same procedure. "
Hu Xiaohui said that the effectiveness and effect of a legal document are different concepts. After the signing of the "During the During Life" statement, it may be decades, and it will take effect at the end of life. During this period, the "Illustration" has always been effective. If I have changed my thoughts, I can withdraw from the notary office, make a statement, and return the previous statement. There is no limit to the number of times, which greatly respects the individual's freedom.
"The" Illustrations' Daily "from legislation to the middle of the specific landing, there are still many implementation rules to be done, and related medical professionals may need to be discussed together. This road will be longer, but it cannot be difficult to go because it is difficult, so I don’t go. Perform. "In Tan Fang's opinion, our law should have such forward -looking nature to deal with contradictions and conflicts according to the development of the times. "This time Shenzhen will enter the law of 'before life' is a very good result, and it is also a very good exploration of legislation. It requires our whole society to pay attention to this issue."
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