The Conflict And Coordination Of The Patients’ Informed Consent Right And Medical Interference Right

This article through rational thinking between benefit orientation to the patients right of informed consent and medical interference right problems between doctors and patients, fully analyses scattered provisions of the existing laws and regulations on the patients right of informed consent and medical interference right problem, combined with actual focus to theory analysis of on strengthening our country laws and regulations of the patients’informed consent right and medical intervention right, for our country to establishing and improving the patients’right of informed consent and medical interference right issues health legislation, contribute to their own strength for preventing medical disputes, constructing the harmonious doctor-patient relationship.The first part elaborate the patients right of informed consent and medical interference right concept, characteristics and the dialectical relationship. First, clear the" doctor""patient" concept and characteristics, the concept of physician-patient relationship category and the dialectical relationship of the patients; discusses the existing problems about right of informed consent and medical interference right theory and the research situation at home and abroad, so as to clarify the rights of informed consent of patients and medical interference right content. Analyzing the domestic foreign party right of informed consent and medical interference right the research background and the present situation of legislation, discussing and summarizing our country on the patients’informed consent right and medical interference right law relationship, put forward in the legislative and practical medical activity in the presence of the right value conflict and legal settlement rule question. The second part discusses the conflict of medical interference right and informed consent right. Mainly discussing the opposition of medical interference right and informed consent right from sources, medical interference right and informed consent right of confrontation etc in detail. Through the detailed analysis of the medical interference right and informed consent right conflict, making the rights conflict clearly, conveniently solve the conflict of rights from the source, preparing for the study of third portion. The third part mainly discuss how to improving the patients right of informed consent and medical interference right legal system. First of all, improving the natural person’s capacity for civil conduct system, detailing medical interference right exertion conditions; secondly, set up the judicial organ or other third party advance rapid review system; again, called for the establishment of Medical Dispute Arbitration Commission for arbitration. At last, put up medical trust as a mode of perfecting the medical risk sharing mechanism. Through four rationalization proposals, from the civil capacity of natural persons, legal or the third party, arbitration institutions, medical insurance shared aspects of much angle reasonable solution to medical interference right and informed consent right equity issues.