Patients’ Right To Informed Consent System Related Legal Problems

The report of the17th Party Congress points out that, to construct the harmonious society, to stable social relationships, but at present due to infringement of the right of informed consent of patients and causes of medical dispute has become more and more huge, such as health secretary of department leading Party group, Vice Minister of high strength in an interview with reporters said:" The national medical institutions provide medical services each year up to2.4billion people, and even if only1%appear stress hospital patient relationship, and there will be24million people."Visible, the number of medical disputes how big, how much influence. And in the huge number of medical disputes, in patients with right infringement of informed consent dissension caused by accounts for a considerable proportion of. So informed consent for patients on the right has not to be avoided. However, our country’s current theoretical study only stay in introduces a theoretical level, make whole informed consent rights of research in the field of lack of practical relevance and guidance, In1994China on September1, the implementation of the regulations on administration of medical institutions specified in article33"medical institutions, special inspection surgery or special treatment, must have the consent of the patients agree, and shall obtain its family member or parties to agree and sign; can’t get patients opinion, shall obtain family members or parties to agree and sign; can’t get patients and family members or party opinion is present, or some other special occasions, the doctors should put forward for medical treatment scheme in medical institutions, has authorized person in charge of, or the person responsible for approval." For the first time in the provisions of the patients informed consent rights system, but because of its in the case on the content, told the provisions is fuzzy, the maneuverability is not strong, causing them to implement effect is not satisfactory. In a follow-up issued relevant medical law, such as "the detailed rules for the implementation of the regulations on the administration of medical institutions" and "medical accident treatment regulations", and "the practice YiShiFa","the tort liability law and so on all of patients right of informed consent made corresponding rules, but the rules in the applicable law for different degree of problems still exist, such as law, provisions of unity and content not perfect, and so on. Based on the basic theory of the right of informed consent for guidance, combined with the us, Japan and other developed countries related theory, to reflect the current law, the right to focus on refraction practical problems judicial precedents make a comprehensive review of the outlooks, analysis, and reveals the problems, and on the basis of required for breach of duty of disclosure judgment standard and cure breach of duty of disclosure scope of compensation the two put forward the theory of the core preliminary countermeasures.The article mainly includes four parts:the first chapter is on the right of informed consent of patients and defines the term, and by its origin, characteristics and nature of the right of informed consent in detail, based on its theoretical foundation and system value analysis, that patients with this right South Korea about patients’ informed consent right and the legislative and judicial practice. Thus for our country right of informed consent system perfect further provides useful reference. The third chapter focuses on the analysis of China’s current legislation on the right of informed consent of patients and the provisions of the existing problems of this system in our country and the practical application were analyzed, through the self-understanding, identify problems and with other countries the advantage of existence or gap, on the basis of perfecting. The fourth chapter the former three chapters as the foundation, from the informed consent right content, exercise, realization of rights and civil liability and responsibility to further to our patients right of informed consent system framework and improve the proposed, based on the regulation of the legal system, to promote China’s legal construction process. Through the above inform obligation of doctors and patients’ right of informed consent to research, the hope of our country further standardize the doctor inform obligation and the protection of patient’s right of informed consent legislation help.