On Medical Explanation Obligations And Knowledge Consent Rights

Medical demonstrative obligation and informed consent right are statutory.Those are not one-to-one corresponding but relevant from the perspective of the corresponding relation of rights and obligations. Tort Law of the People's Republic of China, Law of the People's Republic of China on Medical Practitioners,Administrative Regulations on Medical Institutions and Rules for the implements of Administrative Regulations on Medical Institutions have detailed provisions.However, in term of the judicial practice, Article 55 and article 56 in Tort Law do need to be interpret since they are too abstract to be implemented in medical demonstrative obligation subjects, conflicts on opinions between informed consent right subjects, the legal constituents of consent, the victims and the types of medical damage. In order to interpret and apply law properly,this paper unscrambled article 55 and article 56 of Tort Law of the People's Republic of China based on reference for the laws and regulations and the existing judicial practice. Moreover, this paper analyzes the content of medical demonstrative obligation and informed consent right and identification of violation of medical demonstrative obligation from the perspective of judicial practice. Analysis and solution of the problems are of great significance to the practice.