Study On The Protection Of The Right Of Informed Consent

Since the reform and opening up, the introduction of Informed Consent which had amajor impact on the medical profession in China has also become a research focus in thefield of law. Subsequently, China has successively promulgated several laws andregulations about the right of informed consent, especially in the Tort Liability Act. Thelegislation relfects more emphasis on the patient’s right to decide their own health care. Wecan see, China is trying to established a relatively perfect system of informed consent.Based on the current situation of medical environment and the dilemma of informedconsent encountered in our country, the author makes some recommendations from theperspective of the obligations to inform, look forward to help to improve the informedconsent system and ease the physician-patient relationship.In addition to the introduction and conclusion, the article is divided into fourchapters:Chapter I: Theoretical overview of informed consent. This chapter introduces therelated concepts，nature and structure of the right of informed consent. It is theoreticalbasis of the following analysis and legislative proposals about the system of informedconsent to clarify the concepts and the nature.Chapter II: Theoretical evolution of the informed consent theory. The ifrst sectiontraces the oirgin and development of the informed consent theory，And gives details ofthe development of informed consent in American Law, English Law and Japanese law.The second section describes thetransplantation and development of informedconsent in China, mainly introduces the social background, the theoretical basis and thedevelopment status.Chapter III: The physician’s obligation to inform. The chapter provides detailedanalysis of the deifnition, nature and other related issues of the obligation.The author givesa comparative analysis of the criteria to judgment in violation of this obligation and theaccountability.Chapter IV: Dilemma and outlet of the informed consent system in China. On thebasis of the above three chapters, this chapter analyzes some important issues and reasonof the informed consent system in China from the four levels of theory, institution,application and supervision. And the author gives some proposal for the improvement of law about the informed consent system and the relaxation of physician-patient relationshipfrom the four angles.