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The Legal Protection Of The Informed Consent

Posted on:2010-09-20Degree:MasterType:Thesis
Country:ChinaCandidate:Q CengFull Text:PDF
GTID:2166360275479550Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Society as a result of the current number of medical disputes,the contradiction between physician-patient relationship need to be solved and therefore the right to informed consent studies in patients with doctors and patients to solve the disputes and the protection of the interests of patients of great significance.The world,many countries have strengthened the right patients with the protection of informed consent.However, the right to informed consent for patients with problems in China's domestic law and practice of the academic community views the formation of more,and very difficult to achieve the reunification.At present,China's legislation,although there are also some of the patients right to informed consent of the relevant laws and regulations to protect,but not perfect,but there are many shortcomings.Therefore,from my point of view of civil law,the current jurisprudence on the right to informed consent studies in patients with the above relatively large number of controversial issues are analyzed.Partâ… :the right to informed consent in patients with theoretical analysis.This part is mainly introduced the theory of informed consent in patients with the formation process of the development process,in patients with the concept of informed consent,informed consent of patients,as well as the nature of the right to informed consent in patients with the right to exercise the related issues.Sort out the issue of informed consent of patients in the content of these basic theories is to study patients with rights to informed consent to provide the necessary support of the theory.Partâ…¡:The right to informed consent of patients against the problem.The main from the infringement,the elements of infringement,the right to informed consent in patients with the attribution of the principle of tort liability,against the right of informed consent in patients with responsibility to study the four major aspects.Partâ…¢:China's current legislation on the protection of informed consent in patients with defects.From the current situation in our country's legislation,a detailed analysis of China's current legislation on the protection of informed consent in patients with defects.Partâ…£:Improvement of informed consent in patients with the idea of the right to protection systems.Combination of the third part of the contents of the main structure from the improvement of legislation and improve the informed consent of patients with the protection of the right content,improve the informed consent of patients against the right to bear civil liability provisions,and improve health care in four aspects of the mechanism of improving the informed consent of our patients the right to a preliminary idea of the protection system.
Keywords/Search Tags:informed consent, the doctor's explanatory duty, civil liability, consummation
PDF Full Text Request
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