Preoperative Signing Of The Civil Code Analysis

As a result of the incomplete system of medical and the developing conscious of right,there is a great growing in medical conflicts, and the relationship between doctor and patient is tends to be sharpe. Under such a background, it happened the Xiaozhijun case in 2007,which shocked the whole country and became a subject people cared about most. As a student of law school, I'd like to try to analysis the case from a point of civil law, and base on the discussion I propose several suggestions which I hope would be helpful for the legislation of our country.The thesis consists of five parts in addition to the introduction and the conclusion. They are taken up respectively as the following:Chapter one deals with the fundamental theory of the operation signature. There is not a concrete definition about the operation signature and people have a heavy dispute about the propriety of the operation signature, so I try to get some conclusions from the existed theories.Chapter two deals with the man who has the qualification to sign the documentation of consent. Generally speaking, the operation signature should be signed by the patients themselves who have the capabilities of decision-making. The relatives also have the rights to sign, but sometimes their decisions are against the patient's benefit .So there are also some restrictive regulations.Chapter three deals with the issues about the documentation of consent. Both the doctor's informing and the patient's consenting proceed with the documents. But what is the propriety of this document? Different people have different opinions .This part mainly tries to summary and analyze the theories which have been proposed and discussed.Chapter four is about the urgent situation in which the doctor is entitled to sign the document. Generally speaking, the document should be signed by the patients or his family members, but sometimes the patients could not sign the document or his family members can not be found when an operation is necessary and urgent. In order to save the patient's life, according to the law the doctor could sign on the document and do the operation. In this chapter I mainly have a discussion about this.Chapter five delivers a research about the practical research of informed-consent and some suggestions.Conclusion.