On The Legal Liability Of Infringing Upon The Patient's Informed Consent Right

The right of informed consent is the most basic and important right of the patient in the relationship of doctor and patient, and to protect this right is of great importance. It is since the implementation of Regulation on the Handling of Medical Accidents on 1st September 2002 that the doctor's informing obligation and the patient's right of informed consent have been clarified. However, there is no special legal provisions regarding the legal liability of the infringement of patient's informed consent right. The civil compensation to the victim will be made only according to some of the regulations regarding personal injury and spiritual damage in the Explanations of Several questions of Responsibility of Compensation for Spiritual Damages about Confirming and Encroaching Right Civilly, and Interpretation on the Matters of Law Application Trial of Personal Injury Compensation Cases of the Supreme People's Court.This thesis elaborates the subject and object, the content and character of the right of informed consent, and gives the explanation of the scope of patient's informed consent right from the angle of doctor's obligation of informing. In accordance with person with full capacity, person with limited capacity and person having no capacity for civil conduct, there is the discussion on how to and by whom the right should be exercised. Similar to other torts, acts of encroaching on the patient's informed consent right and bearing legal liability should have the characteristics of unlawful...