Informed Consent Right To Agent Exercise Problem Research In China

The right of informed consent of patients has been recognized and implemented by the laws of most countries in the world,but when the patient is a person without civil or limited capacity for civil conduct,the patient suffers from serious illness and has poor psychological quality,and in an emergency,when he cannot get himself or his family members agree,they must use other subjects other than the patient himself to exercise the right of medical informed consent,that is,the right to exercise the patient’s right of informed consent.The exercise of right of informed consent actually belongs to a kind of civil agent,which is the connotation extension of the right of informed consent of patients.The right of informed consent of patients took effective actions to solve the problem that special groups of patients could not personally make informed consent in medical activities,and met the clinical needs of patients in medical practice.At the same time,the right of informed consent of patients is also of great significance and value for the development and improvement of the exercise system,the protection of the patient’s life and health,the maintenance of human dignity,and the progress of China’s medical technology.The relevant provisions of the current laws and regulations in China on the patient’s right to informed consent exercise include: in the context of the exercise of conditions,it stipulates two cases: “the patient lacks the ability to give informed consent” and the implementation of “protective medical”;on behalf of the exercising subject,By the way mentioned in the incident,various kinds of agents are provided for;on the other hand,in terms of exercising the subject’s ability of informed consent and related mandatory medical measures,it also gives a certain legal basis in the form of legislation.However,while we are gratified by the continuous development of the exercise of the right to informed consent,we are also soberly aware that there are indeed many issues that are difficult to avoid.Due to the imperfections of the current legal system,the limited medical level,and the overall quality of the patients,the conditions for the implementation of the system such as the right of informed consent exercise in the actual operation of the system are too broad,the range of the exercise subject is not clear,and the exercise sequence is disordered.The inability to determine the standards for informed consent and the inadequacy of mandatory medical measures in emergencies.The right to informed consent and the right to life and health of the patient are difficult to be effectively protected.The increasingly erroneous relationship between doctors and patients makes frequent medical treatment and also hinders the improvement of medical and health technology and the development of medical services in China.Learning from the mature experience in solving this problem in foreign countries and combining with the actual national conditions in China,the patient’s right to informed consent on behalf of the exercise can be improved and improved in the following aspects,including: strictly limiting the patient’s right to apply for informed consent on behalf of the exercise.The first is the group of patients who limit the capacity for civil conduct.They cannot use their legal representatives or close relatives to exercise the right of informed consent on the one hand,and on the other hand,they must restrict the application of protective medical measures;,Through the improvement of current legislation to determine the best principles for patients’ interests,the appropriate body to perform on behalf of them,and the specific order in which they are exercised;to determine the criteria for the judgment of patients’ informed consent,one can establish a system for the evaluation of patients’ informed consent.The aspect is the establishment of a medical notification and supervision mechanism;improvement and informed consent rights are used to exercise the relevant mandatory medical system,and the scope and application conditions of the “emergency situation” are clarified.