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伴随着社会经济的高速发展,社会生活中不可避免地出现一些交通、工伤、医疗等方面的事故,由此造成一些成年人或者未成年人成为了植物人。植物人由于脑机能受损,无知觉、无意识、无思维的病状成为新出现的一类弱势群体,在人类社会中,关注弱势群体、加强对弱势群体权益保护是维护社会安定有序、实现社会公正的要求,是构建社会主义和谐社会和人类健康发展的必然要求,但是,我国现行法律、法规中没有关于植物人民事行为能力的认定、植物人行为能力的补正等与植物人权益保护相关的法律条款,还存在不完善、笼统,如处理不好极其容易酝酿成诱发社会不安定的因素。因植物人患病周期长,医治过程中疗效缓慢、效果不明显,长期的病情纠缠造成植物人费用的耗资巨大,在其近亲属财力不支的情况下,作为植物人的亲属在需要支付巨额医药费救治植物人时,是否可以处分植物人名下的财产也就成为人们关注和讨论的焦点。作为公证机构如何既能保护植物人这一弱势群体的合法权益,又能体现公证机构预防纠纷、减少诉讼,促进社会安定团结的职能作用。
With the rapid social and economic development, some accidents in traffic, industrial injury and medical treatment are inevitable in social life, resulting in some adults or minors becoming vegetative. In the human society, attention is paid to the vulnerable groups and the protection of the rights and interests of the disadvantaged groups is to maintain social stability and order and realize social justice. As a result, the vegetative state has become a newly emerged vulnerable group due to impaired brain function, unconsciousness, unconsciousness, However, there are no legal provisions related to the protection of the rights and interests of plant people in the current laws and regulations of our country, such as the affirmation of the capacity of plant people’s behavior, the correction of vegetative capacity of plants, etc., There are still imperfections, generalities, such as poor handling is extremely easy to brew into a factor inducing social instability. Due to the long period of vegetative disease in patients, the curative effect is slow during treatment, and the effect is not obvious. The cost of vegetative human caused by long-term illness entanglement is huge. In the case that the close relatives are in financial difficulties, the relatives of the vegetative persons need to pay huge medical bills to treat the vegetative plants When the property of plant names can be disposed of, it becomes the focus of attention and discussion. As a notarial institution, it not only protects the legitimate rights and interests of the vulnerable groups such as the vegetative state, but also reflects the functions of the notary office in preventing disputes, reducing litigation and promoting social stability and unity.