Study On Patient's Right Of Self-determination

With the rapid development of China's economy,the level of medical treatment is improving,the awareness of citizen's right is also enhancing.Moreover,medical disputes due to violation of patient's right continue to increase.In the doctor-patient relationship,patient's right has become more and more important.Patient's right of selfdetermination is the core of patient's right,including patient's right of informed consent and patient's right of informed choice,among which,patient's right of informed consent is the most important premise of patient's right of self-determination,and infringement of patient's right of informed consent shall inevitably lead to infringement of patient's right of self-determination.Therefore,the study of patient's right of self-determination should also be based on a full understanding of patient's right of informed consent.For patient's rights,there are some defects in our current legislation,in which,the stipulation of patient's right of self-determination is not clear.At present,the content of patient's right of self-determination is mainly in laws and regulations such as the Law of the People's Republic of China on Tort Liability,the General Principles of the Civil Law of the People's Republic of China and the Regulations on the Management of Medical Institutions.However,China has not promulgated special laws to regulate patient's rights and the protection system of patient's right of self-determination is not perfect,and,there are relatively few studies on patient's right of self-determination by our scholars,in view of which,the author will study patient's right of self-determination from five aspects: the concept and legal nature,content,protection system,the existing shortcomings of the patient's right of self-determination and how to develop the patient's right of self-determination.Accordingly,this paper is divided into five parts.Part 1: Origin and nature of patient's right of self-determination.The patient's right of self-determination mainly originated in ancient Greece,and then developed in developed countries such as the United States and Japan in the early 20 th century.The nature of the patient's right of self-determination mainly has three aspects.First,the patient's right of self-determination is a kind of moral right,which can be regulated by morality.However,the patient's right of self-determination eventually develops into a IV legal right.Second,the patient's right of self-determination is a kind of legal nature,infringing upon the patient's right of self-determination should bear corresponding legal responsibility.Third,the patient's right of self-determination is an economic right,as is closely related to the economy with the development of economy.However,in practice,there often appeared such as charging fees and prescribing drugs arbitrarily,which should be restricted.Part 2: Content of patient's right of self-determination.This part mainly discusses the patient's right of self-determination from four aspects: the subject,the content,the way of exercise and the premise.The main body of patient's right of self-determination includes the patient himself,while the main body of the patient's right of selfdetermination is his family members when the patient himself is incapacitated.Patient's right of self-determination includes prior choice and informed consent.There are three ways to exercise the patient's right of self-determination: oral,written and behavioral.The premise of the patient's right of self-determination is the patient's right of informed consent.Part 3: Exceptions to the patient's right of self-determination.This part mainly discusses from the point of view of the restriction of the patient's right of selfdetermination under these circumstances,including: emergency treatment of doctors under special circumstances,clear provisions of laws and regulations.Part 4: The constitute conditions and remedies of infringing upon the patient's right of self-determination.Like common infringement,the constitute conditions of infringement of patients' right of self-determination include four aspects: violations of medical institutions,faults of medical institutions,facts of patients' damages and causality between the facts of patients' damages and the faults of medical institutions.The main responsibility for infringement of patients' right of self-determination is to apologize and compensate for losses.Part 5: The existing problems and solutions of patients' right of self-determination in China.This part mainly includes two aspects.First,the author points out the shortcomings of the system of the patient's right of self-determination in our country;second,the author puts forward the suggestions for these shortcomings.The shortcomings of patients' right of self-determination mainly lie in the lack of legislation,and the author's suggestions are mainly to promote the improvement of patients' right of self-determination through legislation.