Patients’ right of informed consent is a very important right in the field of medical law,with the proliferation of medical disputes, it is very necessary to study the right today. In ourcountry’s “Tort Law†that is put in force on1stJuly2010, it is the first time to independentlyand definitely regulate that patients have informed consent right, which is of epoch-makingsignificance to promote its development and protection in China. However, in terms of itstheoretical research and legislation, there is a huge gap between our nation and developedcountries. We still need a specialized law regarding regulate the doctor-patient relationship, itmakes more detail regulation for the patient’s right of informed consent in the respects of itscontent and specific operation, further perfecting the protection system of the patient’s rightof informed consent in our country, then keeping balance between doctor-patient rights andobligations and safeguard the legal interest of patients.The paper is divided into four sections to discuss:Section one, the overview of the patient’s right of informed consent. The paper startswith the definition of it, then analyzing its nature, finally proving its reasonability andnecessity in our country by demonstrating its generation and development.Section two, analyzing the right’s constitutive elements of civil responsibility. This partintroduces its liability attribution principle at first, comparing principle of liability attributionfrom various countries then leading to its liability attribution principle in China and stating itmeets the empirical situation of our country’s current health service. After that, the textanalyzes the right’s constitutive elements of civil responsibility in detail from four aspectsincluded “act is illegal, damage fact, causation, subjective faultâ€, which paves the way forfollowing text.Section three, discussing certain problems in the identification process of the right. Thissection mainly analyzes three problems in this process: the first one is the informed consentright of incapacitated person; the second one is what exemptions are when individualsinfringe on someone’s informed consent right; the third one is the responsibility subject ofinfringing on someone’s informed consent right. The text deepens individuals’ furtherunderstanding for the patient’s right of informed consent.Section four, the status quo and perfection of protecting the patients’ right of informedconsent in our country. The section begins with stating the current situation of its legal protection, then analyzing the weaknesses and deficiency of legislative protection. Finally theauthor puts forward some comprehensive proposal, such as making a law called “Theprotection law of patients’ rights and interests†to regulate specifically the doctor-patientrelationship in legislative system and enlarging the protection for the patients’ right ofinformed consent in legislative content, which contributes to better protect patients’ medicalrights and interests. |