The Research On The Relevant Legal Issues Of The Operation-signature Regulation

This thesis does a research on the relevant legal issues of the operation-signature regulation based on "The matter of Xiao Zhijun refuse-signing". The operation-signature regulation as an important medical legal system has an important function for protecting the right of informed consent of the patients and preventing the abuse of the medical power. But under the background of the tension of doctor-patient's relations, the operation-signature regulation was understood by wrong way and the right of informed-consent was also abused. All these disobey the legal purpose of the operation-signature regulation. The rules about the operation-signature regulation in the Administrative Regulations on Medical Institution made in 1994 shall be further modified and improved.There are 5 parts in this thesis. The first part is the survey of the operation-signature regulation. It introduces the history origin and present laws and regulations and the methods of western developed countries for the operation-signature regulation. The second part introduces the positive and negative opinions of "The matter Xiao Zhijun refuse-signing" and comments on the reason of the tragedy. The third part is the legal analysis of the operation-signature regulation. It expounds the legal nature of the operation-signature, the body of the signing authority, the legal enforcement and legal result of the operation-signature in the view of the civil law. The fourth part is the detail narration of the informed-consent, the relations of operation-signature and the right of informed-consent, the abuse and limitation of the right of informed-consent. The fifth part is the new modifying proposal based on the default of the current operation-signature regulation. As a result of the operation-signature as the domination of patients' healthy-right, the main point of this thesis shows more respect of the patients' the autonomy of the will and assures the performance of the right of informed-consent. The relatives or related person shall perform it only when the patient fails to its execution power. The limitation power shall be used in the condition of abuse of the right of informed-consent. At the same time in the emergency, the doctor shall have the emergency right to deal with for showing the medical principal "life-paramountcy " to prevent the tragedy happening again.