Patients' Rights To Protect

The right is the link to connect the legal science and the realistic society, thus the research of right is not only the attention to realistic society, also is the legal science's mission and the value. Today, China is being in the socialist market economic system reform. This provides the realistic background for similarly experienced the marketability medical service. It is also precisely under such structure change and system reforming, in modern China society, between doctor and individual patient, between the medical profession and the entire social group, the relations worsen, and presents a more stern tense situation in the recent years, between each other contradictory disputes grows day by day. Under this background, the only way is to integrate the medical trouble relations in the legal science field of vision, and sums up as the patient right protection question. So we can protect the patient, can seek the possibility for the harmonious medical trouble relations establishment.The research to discuss the Chinese medicine trouble relations, to analyze the reason of its tense present situation, to propose the corresponding government countermeasure, will advance the current health organizational reform, protect the patient rights and interests, enhance the medical profession society prestige and maintain the society harmonious. So the paper means a lot. This paper precisely focuses on this, in the view of patients' rights, which will use the methods of real diagnosis, the historical analysis, and the comparison research. First, this paper will define the disputed relationship of doctors and patients in the academic viewpoint foundation. We think the medical trouble relations are one kind of civil legal relationship, but it has its own particularity. Next, we will launch the elaboration to the medical trouble relations, which is generalized and narrowed into two aspects. Patient's right system is summed as ten concrete rights, but because of the length and the dispute breadth in the article, we dispute four rights which suffered infringement to the recent years in the medical trouble: properly the medical power, patient's right to know, patient's medical right to independence and patient's right of privacy launches the thorough elaboration. Finally, we will discuss the patients' rights protection realization way, mainly place hopes in the legislation protection, propose the patient right legislation basic principle. The judicial relief is also very important to the patient right realization, which mainly launches the elaboration to the relief object and the relief sufficiency. Considered the medical trouble relations are in the entire social system, it is been also profound the medical system necessary reform influence, so it will change opinions appearing take the short-term medicine as to carve machine, set our country medical service organizational reform goal and the countermeasure. In view of the fact that the medical trouble relates particularity of the humanities ethics which itself has, the moral standard also plays the vital role in the adjustment medicine trouble relations.