Informed consent,as a basic right of patients,occupies an important position in the system of patients’rights.In recent years,there are often news about the improper exercise of patients’informed consent,resulting in medical conflicts in our vision.When people turn their attention from seemingly complicated medical disputes to patients right to informed consent,they will find that our country s laws and regulations have already made some relevant provisions on patients’ right to informed consent,and relevant legislation is constantly improving this aspect.But it is undeniable that there are still some problems in our country’s law about patients’right to informed consent,such as the lack of basic law,the unclear subject of rights,the inadequacy of patients’ ability to consent,and the imperfection of exceptional provisions for the exercise of the right to informed consent.By using the historical research method,this paper combs the legal provisions of patients right to informed consent longitudinally,explores the process of institutionalization of informed consent,and finds the deficiencies of legislation in this respect,thus putting forward the suggestions of institutionalization construction in this respect.By using comparative research method,I am familiar with the general situation of the legislation of patients’right to informed consent in foreign countries and China.In terms of the theory and system of patients’ right to informed consent,I can find out the direction of the system construction of patients’right to informed consent by comparing the differences between domestic and foreign theories and legislation.Through literature research,I collect various related documents,and try to find out the problems in the protection of patients’right to informed consent on the basis of a large number of documents,and try to put forward our own suggestions for its reasonable solution.In the content of writing,this article starts with the relevant cases of patients’right to informed consent,then introduces what is the right to informed consent,combs its development process,especially the legal system process,and then introduces the content of patients’ right to informed consent.Because the right to informed consent is the combination of the right to know and the right to consent,the two rights are explained separately.Finally,I analyze the relevant laws and regulations of patients right to informed consent in China,find out the unclear provisions and deficiencies of the provisions,and combine with the medical practice in China,put forward targeted suggestions for improvement in this regard:formulate the basic law of patients’ right to informed consent,clarify the subject order of rights,clearly stipulate the standard of doctors’obligation to inform,and finally improve the informed consent.Exceptions to the exercise of the right of will,etc.Through these measures to ensure that the exercise of patients’right to informed consent is more reasonable and effective,so as to enhance the trust between doctors and patients,build a good medical environment,and finally promote the healthy development of China s medical and health undertakings. |