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The Jurisprudential Analysis Of Compulsory Medical Treatment

Posted on:2010-09-24Degree:MasterType:Thesis
Country:ChinaCandidate:T WuFull Text:PDF
GTID:2166360275959369Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The case of Xiao Zhijun hightlights the misunderstanding of laws and regulations prevailed in law and medical circles.According to the current Law of the Peoples Republic of China on Medical Practitioners and Managerial Regulation of the Medical Institutions, the Practitioners should resort to the compulsory medical treatment.As a remedy to the incapability of effectively execising the informed consent rights,the compulsory medical treatment has nothing in common with the compulsory treatment in Administrative Law.Based on theories of Legal Paternalism,Special Responsibility and Life Right,it is highly reasonable and can be further divided into soft compulsory reatment and rigid compulsory treatment with their different meanings in judicial system.Special emphases must be put on the great urgency,comparative compulsoriness and necessity of the situation.While the implement of the compulsory trearment is medical practitioners' obligations,its application should be highly limited and clearly defined otherwise it may end up with a evil system which is quite contrary to original intentions and destructive to the patients.
Keywords/Search Tags:the compulsory treatment, the informed consent rights, life right, special responsibility, legal paternalism
PDF Full Text Request
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