Study On The Legal Problems Of The Protection Of The Right Of Patients' Privacy

The right of privacy is a kind of important personality right. As a part of populace, patients certainly have the right of privacy. Because of the particularity and specialization of the medical activity, the right of patients'privacy has its own characteristic. Medical profession is a highly technical job, because of the imbalance in acquiring medical knowledge between doctors and patients, the relationship between doctors and patients is asymmetrical. It's easy for doctors to know the privacy of patients, so the right of patients'privacy is easier to be infringed and certainly it need more protection in law. With the enhancement of people's legal concept and the improvement of the awareness of protecting rights, the protection of the right of patients'privacy has already been the point of attention in society. Nevertheless, whether in law or in fact, the right of patients'privacy has not obtained enough protection yet. There are still many problems. The clinical teaching lacks a scientific and advanced way to manage this medical activity. The infrastructure of medical organization is not good enough to protect patients'right. There is also not perfect managerial system in almost hospitals. Many doctors don't have the noble professional ethics and legal consciousness to protect the right of patients'privacy. Some patients don't know how to protect their right. Moreover, the law about the right of patients'privacy is lacking and so on. Therefore, it has great significance to solve these problems, perfect the legal system and protect patients'right. It can relax the relationship between doctors and patients and reduce the quantity of medical disputation, and pull the healthy development of medicine to construct a better society.Through the theoretical analysis on the right of patients'privacy, this article describes the great significance and limitation of protecting the right of patients'privacy. And it also analyses the existing problems deeply combining the investigation of the legal system in China and other foreign countries. At last, I put forward my own view about these questions.The paper which is consisted of five main parts contains 34 thousand words except foreword and epilogue.The first part is the summary about the right of patients'privacy. This part analyses the concept, characteristics and components in theory. Then it expounds the meaning of protecting the right of patients'privacy. The second part introduces the restriction of protecting the right of patients'privacy. The protection of the right of patients'privacy is not unlimited. When there is conflict between the right of privacy and others, we have to find a point to be in balance.The third part introduces the legislation about the right of patients'privacy and analyses the status of China and other countries.The fourth part describes the existing problems about the protection of the right of patients'privacy and analyses the reasons that cause these problems.The fifth part describes the suggestions and opinions to solve these problems.