A Criminal Study On The Patient's Agreement In The Medical Practice

Everyone's self-determination is a reflection of their dignity,people have the right to choose their own want to be,that the self-determination shows in the process of medical too.In this paper,in the perspective of resistance is the medical behavior illegality,discusses with the consent of the patients with all kinds of problems of criminal law.The article will be divided into four parts,mainly patients consent in medical practice as the main line,in order to discuss the concept of medical behavior,legitimation basis,the relationship between informed consent and self-determination,patients agree the constitutive requirements,lack of patients of medical behavior and so on.In the first part,the author through to the definition of medical behavior intension epitaxy,medical behavior with invasive conclusion,raises the analysis of the medical behavior legitimation,and classify the medical practice to treat behavior and other medical behavior,thinks the consent of the patients are deterrent treatment is the core of behavior illegality;And to determine whether the other medical behavior has legitimacy,you should grasp the various elements.In the second part of the article,the author illustrates the philosophical basis of self-determination,thought the principle of informed consent is a self-determination in medical field.The third part is the discussion of the patients effectively,in agree the subject's ability,the author argues that don't need to set a rigid standard,and should be combined with the environment,the comprehensive judging agreed to the age of the main body and mind.Shall be exercised on his behalf in the guardian agree,should be the big profit for consideration in patients in the premise,if the family mean conflict with patients,the patients' mean shall prevail.Patients' decision shall include both to accept or reject,agree is the content of the medical behavior and results.To agree with the way there are three,express,implied and presumption of agreed can be made at any time throughout the medical behavior.When there is a mistake,or cheat intimidation,the consent of the patients are still unable to obtain legal effect.In the fourth part,the author agreed in patients with lack of health behavior was investigated,with the consent of the patients without mandatory medical behavior,unable to get patients agree patients with emergency medical behavior,to give up power and the abuse of rights under the condition of patients,even if agreed to in the medical behavior lack of patients has legitimacy,in addition to the arbitrary medical behavior,you may need to been regulated according to different situations.In the fifth part,the author for the treatment of arbitrary behavior of the criminal legislation put forward its own proposal,the hope is that wide slow principal punishments as well as a variety of supplementary punishments for the treatment of arbitrary behavior play a good regulation effect.