| As the traditional patriarchal model of medical- suffer relation was gradually replaced by more complicated model of medical-suffer relation,the constradictions between the hospital and patients are gradually revealing,for the services offered by medical institutions are becoming more and more various and commercialized,the gap in the understanding and cognitive ability of medical information between medical personnel and patients is bigger and bigger.Although national policies and laws related to the implementation of medical treatment have many regulations,we can also see the patients' suffering on the Papers frequently,so that we have to re-examine:Whether the legal protection of the rights of patients will eventually become a mere formality simply exaggerating or not?One of the most important aspects of thinking is to see the right of patients' informed consent whether or not clinical at the effective implementation.This article intends to study this problem on vision of the thories of Criminal Law,to discuss how the patients' right of informed consent deal with a medical behaviors' crime and non-crime.In this paper,first of all to define the definition of medical behaviors,and the scope will also be discussed in order to limit the discussing scope in legitimate medical treatment for the purpose of medical care.Next,How the medical behaviors associated with the criminal law will be thought,that is,Why medical behaviors are legitimate in the thories of Criminal Law.Who want to address informed consent' impact for the evaluation of medical treatment in the thories of Criminal Law,the introduction to the content of the Informed Consent must be indispensable.In the second part of this article,the history of the Informed Consent rule,concrete meaning and legal regulations of China are elaborated.Then to explore in depth that patients' consent how to impact on the medical behaviors which may constitute criminal negligence or calculated crime.The third part is the practical part of the first two expositions.To fit the patients' consent into the movement of medical behaviors,seeking for one or more related thory of Criminal Law to apply to.An illegitimate medical behavior is equivalent as an offence of causing bodily harm and no evaluation of the patients' consents is required.Only when a medical behavior is legitimate is it necessary to discuss the effect of patients' consents,that can be divided into two parts for discussing,which are for a successful medical behavior without damaging physical integrity and medical behavior has resulted in adverse medical results.In the last section,the legal effection of consent document we always saw is discussed,and then arrival at a conclusion. |
