A Study Of The Civil Law Protection Of Patients’ Right To Privacy

Seeking medical advice is closely associated with every one of us. With the awakening of civil rights’awareness, patients’right to privacy which is one of patients’important personality rights is drawing more and more attention. In the physician-patient relationships, patients, as vulnerable groups, deserve respect and help. Patients’right to privacy should be protected by law and receive relief from law. Protecting patients’right to privacy reflects respect for patients’ human dignity and is also be helpful for remaining trust between patients and doctors. There are plenty of problems in civil law protection of right to privacy in China before the promulgation of the Tort Liability Law. The relevant provisions are scattered in medical law and regulations that are of low legal validity. The Tort Liability Law stipulates privacy right for the first time. It lists privacy right along with right of life, right of reputation and other specific personality rights and protects right to privacy as a specific personality right. The right to patients’privacy is explicitly stipulated in the seventh chapter of the Tort Liability Law. That is a big step for civil law protection of privacy right. It also shows the importance and particularity of the right to patients’privacy. This article has an in-depth discussion of the reinforcement of civil law protection of patients’privacy by studying current legislation and cases of patients’privacy.This paper is mainly divided into five parts. Chapter One is the overview, which defines patients’right to privacy first and then puts forward the particularity of patients’privacy. Then Chapter One extrudes the characteristic and importance of civil law protection of patients’right to privacy by way of comparing civil law protection with other legal protection. At last, it sets forth the basis of civil law protection of patients’right to privacy. Chapter Two focuses on civil liability of infringing patients’right to privacy. It discusses from two aspects. One is the subject and the ways of tort and the other is composition elements of civil liability. Chapter Three is about the current situation of civil law protection of patients’right to privacy in China. Firstly, it lists the stipulation of civil law protection in China. Secondly, it comes up with main problems and analyses the reasons and harm. Chapter Four analyses current situation of civil law protection in several countries and districts. It summarizes experience that China can take for reference by taking research into current legislation of America, France, Germany and Japan. Chapter Five is about how to perfect civil law protection of patients’right to privacy in China. It emphasizes practical advice aiming at improving current situation, namely perfecting the definition of patients’ right to privacy, detailing the undertaking of civil liability under the infringement of patients’right to privacy, restricting the protection of patients’ right to privacy and so on.