Analysis Of Patients’ Informed Consent Right From The Perspective Of Legislation

The major cause of the tension between doctors and patients in China is the lack of communication and mutual respect.Patient’s informed consent is the core of the patients’ rights,which ensures the communication between doctors and patients during the treatment,and realize the patient’s control over his body.Today,the contradiction is becoming more fierce,one of the keys to resolve the conflict between patients and doctors is to fully guarantee patients’ informed consent.Informed consent is a right of the patient with civil capacity to know and make decision on the basis of knowing all the medical information,and it’s a kind of concrete personality right,both legal and voluntary nature.At present,China don’t have unified code of patient rights,so informed consent is widely stipulated in many laws and administrative regulations.This paper combs legislation of informed consent in China,it’s concluded some problems,such as the lack of uniform standards for the duty of informing in medical institutions,the doctor emphasizes consent rather than knowledge in the process of exercising patients’ right,the unclear demarcation between the right of medical decision and the patients’ right under special circumstances,and the conflict between the right of close relatives and patients.Compared with other countries,the United States of the common law system,the continental law system of Japan,the World Medical Association conference held in Finland,have their own characteristics of the legislative provisions about informed consent.This paper puts forward some suggestions based on China’s national situation and the experience of overseas legislation,,such as balancing the standard of notification of medical institutions with the cognitive ability of patients,correctly understanding the relationship between "knowing" and "consent",clarifying the boundary between the right of medical decision-making and self-determination of patients under special circumstances,and establishing the order of exercise rights of close relatives,etc.,thus consummates the legislation,promotes the doctor-patient relations harmonious development.