Patients Informed Consent

The patients' right of informed consent is the essence and core of the doctor-patient relationship, strengthening the protection of the rights is important and benefit for protecting the rights of patients, as well as reducing the medical disputes in medical activities and establishing harmonious doctor-patient relationship. Judging from the status of Chinese legislature, in addition to health regulations have some laws and regulations, no more specific regulations of the patients' right of informed consent in doctor-patient relationship. In recent years, the medical disputes caused by the patients' rights of informed consent are arising in our country, and very easily intensified the contradictions. Imperfections of legislation about the right, loopholes in the implementation process, with the result that it is very difficulty in dealing with the disputes of rights to informed consent. Therefore, there is an urgent need to intensify the legislation and research.In the view of the patients' right of informed consent with doctor-patient relationship in our country, the paper was completed the following researches and innovations:The first, paper study the definition of informed consent, analyze the roles of the patients' right of informed consent with doctor-patient relationship which be take as the civil right and human right. The paper analyze the history the rights and study the transform of evaluation criteria of the informed consent right, and takes a comparative analysis of the rights development in legislation between abroad and home that is benefit to construct a better model of the rights in our country.The second, the paper discusses the main contents of the rights and form the point of the right is the essence of Personality Right, drawing a conclusion that the subject of right just is patient. This paper analyzes of the legal representative cases when the patient lack of capacity to consent, and takes a specific description of the main content of the informed consent right, and analyzes the scope of the right, the practicing ways of the right and the exceptional cases.The third, this paper's innovation lies in putting forward a relatively complete model of informed consent legislation, and the paper analyzes the problems of doctor-patient relationship from the views of legal, ethical, psychological. The paper takes an innovative research that is basic principles should be followed which of improving the informed consent of patients rights in legislation, and the paper puts forward some rationalization proposals and measures for Medical institutions in improving the rights which is based on analysis of the standards and exceptions of the right with law view point.