A Study On The Exercise Subject Of Patient’s Consent Right

Freedom is one of the legal pursuits of value. In the medical field, the legal valueof freedom embodied in the consent of patients exercise, exercise protection on thepatient’s consent is also a manifestation of respect of freedom. However, since thepatients agreed to the enjoyment of the right subject and the exercise of the subjectwere not always consistent, resulting in the process of exercising lead to medicalmalpractice, medical trouble phenomenon, is not conducive to the protection of therights of patients. Clarify the different situations, the patient’s consent subject andagreed to the exercise of the right of the main problems for the dredge, and resolveconflicts between doctors and patients is particularly important. Therefore, this paperdiscusses around the subject of consent agree to the enjoyment of the right exercisingsubjects divided into three parts, in addition to the introduction and conclusion.The first part is summary of patient consent, mainly to patient consent form andnature of generalizations. This part of the discussion of the subject, object, contentand nature of the patient’s consent, to clarify the patient’s consent to enjoy the mainonly patients and the patient’s consent to the value of independent research in the fieldof medical law, and from the right to know start with a different method. First of all,the introduction of the composition of the patient’s consent: the patients consent of theenjoyment of the right main only patients themselves, shall not be entitled to anyother person; consent of the right to object doctors during medical treatment programsfor patients and other medical practices, the object of conduct subject to the patientfully explain the enjoyment of the right to agree to the patients themselves; agree withthe content of the right to agree to the rights, including the right to refuse, options,advance directives, such as the right to further prove agreed to be entitled to thesubject that the patient himself. Which, according to the content of the right toadvance directives but also in patients on admission, the establishment of advancedirective system, in order to make the exercise of the rights closer to the patient’sintention, more conducive to the protection of the interests of patients. Second, thesummary of the nature of the patient’s consent, that has formed to the right of self-determination, the right of personality attributes to further prove the consent ofpatients belonging to the patients themselves, and second, to establish the right toagree to separate the value of research, from the consent system itself to start thestudy.The second part is under normal circumstances the consent of the exercise of theright subject. Aims to explore the normal circumstances, patients agreed with theexercise of the right main. Around agreed to exercise the scope of the subject is to bediscussed. First, define the range of patients that natural person has the risk of illness,the patient should be taken to special protection and attention measures, furtherestablishing the research value of the patient’s consent; explore the patient’s ability toconsent standard that the ability to identify standard It should be as judged by patientsagree whether the criteria, but the criteria should not be limited to existing theory, itshould be determined by a doctor through a program of communication betweendoctors and patients, in patients with or without consent. Secondly, took the scope andact as the basis to define. Considered to act can be divided into authorized to act withItaly set to act two, the statutory act as established in accordance with the provisionsof the law, usually limited to the areas of the patient’s close relatives. Meaning givento act relatively wide range, established by the patients according to their own choice,based on a civil commission contract, and that the range does not gain is too large. Atthe same time, the meaning given proxy system may be called a system of advancedirectives; it is recommended that the system should be standardized and legalized,the patient’s interest to further protect.The third part is in special cases agreed to exercise of the right subject. Aims toexplore on the particular circumstances, the exercise of the right of patients agreed tothe main problem. And National legislation around the emergency, mandatory healthcare, medical protection restrictions in the three cases discussed. First, in the case ofan emergency that life first, the principle of maximizing the interests of patients, thetreatment of the patient first unconditional, examples of relevant legislation will bedescribed. First liberal values conflict of principles and legal analysis of thephenomenon of life that in fact the life principle of the primacy of the law does notconflict with liberal values and should not conflict. That the case of emergency, to comply with the principle of the supremacy of life, is to maximize the protection ofthe patient’s consent. Secondly, mandatory health care system, despite the restrictionof personal freedom to play, but to protect the realization of the freedom of others, theright to consent to the exercise of the main need in the public interest should belimited. Third, the in protective medical system should learn from foreign legislationand strict restrictions on the scope of application of the protection of the health caresystem. Agreed with the subject of the right to statutory is given to patients their closerelatives, and the requirements of the protection of the health care system. Consideredto have certain rationality, but to prevent the possibility of abuse of the system, thepractice should be strictly limited to the application of the system.