Advance medical directive refers to arrangements made in advance by a competent individual, or the expression of their wishes regarding their medical care, in the event that they become incapacitated in the future. The development of a legal framework for advance medical directives in China is currently in its infancy. In June 2022, the Shenzhen Special Economic Zone in China amended the Shenzhen Special Economic Zone Medical Regulations to confer legal validity on advance medical directives. Prior to this, China had no formal legislation regarding advance medical directives. However, the legal definition of a Advance medical directive provided in Article 78 of the Shenzhen Special Economic Zone Medical Regulations is ambiguous, resulting in a lack of enforceability. This also hinders the further promotion of advance medical directives. This paper employs the methodology of legal doctrine to examine the concept of advance medical directive as set out in Article 78 of the Shenzhen Special Economic Zone Medical Regulations, analysing the legal attributes of this concept within the current Chinese legal system. It offers recommendations from a theoretical perspective regarding the issue of the ambiguity of legal provisions concerning advance medical directives in China.
Advance medical directive refers to arrangements made in advance by a competent individual, or the expression of their wishes regarding their medical care, in the event that they become incapacitated in the future. The development of a legal framework for advance medical directives in China is currently in its infancy. In June 2022, the Shenzhen Special Economic Zone in China amended the Shenzhen Special Economic Zone Medical Regulations to confer legal validity on advance medical directives. Prior to this, China had no formal legislation regarding advance medical directives. However, the legal definition of a Advance medical directive provided in Article 78 of the Shenzhen Special Economic Zone Medical Regulations is ambiguous, resulting in a lack of enforceability. This also hinders the further promotion of advance medical directives. This paper employs the methodology of legal doctrine to examine the concept of advance medical directive as set out in Article 78 of the Shenzhen Special Economic Zone Medical Regulations, analysing the legal attributes of this concept within the current Chinese legal system. It offers recommendations from a theoretical perspective regarding the issue of the ambiguity of legal provisions concerning advance medical directives in China.
