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

As a kind of personality, the right of privacy is an important part of personal rights. It is very important for the maintenance of human dignity and protection of human health. It is exclusively a right of natural persons and can give up its protection of public interests by social constraints. The basic elements include the right of privacy to conceal, privacy using the right to privacy and the privacy to maintain control over the right. Patient privacy, as an important type of privacy, also has these attributes and contents. Everyone has sick time when they play a role as patients. In the increasing legal awareness of modern society, people gradually learn to use legal knowledge to protect their legitimate rights.However, health care providers were already aware of the condition with privacy-related rights, and the ways and means of knowing is not difficult, which makes the patients not know where to begin and in what manner to protect their privacy. In addition, our law does not conduct a comprehensive system of patient privacy provisions and it takes an indirect way of protection in the judicial relief, which makes the protection of patients lack the appropriate legal basis for privacy. Together with the conditions of medical institutions and medical ethics behind uneven levels and other reasons, our privacy has been violated frequently in patients with and without a reasonable relief phenomenon. This is the final year of Eleventh Five-Year Plan, and it is the most critical year of China's constructing socialist legal system. Therefore, there will be a very important practical significance to for our patients to propose appropriate solutions, build a relatively perfect protection of patient privacy law system for privacy protection in the current legal problems.Through access to articles, books and papers and other excellent ways, with the method of combining theory and case studies, this paper defines the scope of the privacy of patients in the concept of privacy and the privacy of patients based on the described characteristics. Meanwhile, combined with the characteristics of a general privacy tort liability, the author explained the tort liability on the privacy of patients, components, means commitment, exemptions, and analyzed the status of the patients and inadequate legal protection of privacy, as well as putting forward his own views on how to improve patient privacy protection of the law.