Study On Patients’ Right Of Self-Determination

Recently,the doctor-patient relationship has caused people’s great attention with the increasing of the medical tangle.Patients’ right of Self-determination is one important factor.It came up by the action of economic,science and other kinds of social factors and developed gradually in the judicial practice.The rules vary in different countries because of the level of economy and medical science.There are some defects in our legal system on patients’ right of self-determination.The author raises some advice on system structure hoping to promote the develop of our county’s law and protect patients’ right.This article is divided into five parts.The first part is an overview of the patients’ right of self-determination.This part first defines the meaning and properties of the right. It is one personal right with specificity and other features.Then,the article reviews the development course of the right.The second part is a study on the patients’ right of self-determination institution of the world.It focuses on the representative institutions in America,Great British, Germany and Japan.Then the article discusses the reasones for the different legal systems from the perspective of cultural tradition,religious beliefs,economic development and medical assurance model.The third part is about the content and realization of the patients’ right of self-determination. Section one divides the right into two levels,informed content and informed choice.Voluntariness and full understanding run through the two levels. Section two pays attention to the realization of the right. Doctor’s inform obligation is the premise of the right. So this section describes the content,standard, immunity cases of the inform obligation; figures out how to judge the self-determination ability; and put forwards the coping strategies when the patients are lack of the ability. Section three is about the civil remedies,including its liability principles, responsibility constitutive requirements and immunity cases. Section four discusses the conflicts and how to balance the patients’ right of self-determination with the doctors’ autonomous right. The fourth part does a research on the patients’ right of self-determination of our country. It summarizes the correlative legal rules of our country and reveals the present situation and existing problems.The fifth part makes a deep thought on the problems and puts forward constructive opinions. The article considers to build up better patients’ right of self-determination system and improve medical liability insurance and other correlative systems. At the same time, we should strengthen the communication between doctors and patients to ensure the realization of the right.