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On The Right Of Patient's Self-determination

Posted on:2020-01-06Degree:MasterType:Thesis
Country:ChinaCandidate:P F WangFull Text:PDF
GTID:2416330590962319Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The patient's discretion is subordinate to the category of the right to life and is a basic right.Informed consent,informed choice,and patient responsibility are the main elements of patient discretion.However,as a basic right,the patient's decision-making right has not received the attention it deserves in China.We have not realized that the benefits arising from the protection of patients' autonomy are not replaced by other interests,and the decision-making right of patients is also guaranteed.It is conducive to safeguarding the patient's personal dignity and thus improving China's protection of human rights as a whole.At this stage,most scholars in China discuss and analyze the decision-making right of patients from the perspective of civil rights.They do not discuss the right of patient decision-making from the perspective of basic rights.They have strong limitations and are not fundamentally analyzed.China's current law does not stipulate the right of patient autonomy as a basic right.We also do not realize that the patient's discretion is subordinate to the right to life and is the nature of the rights of a basic right.In the general medical treatment activities,patients have the discretion,but when the patient's medical treatment is endangering their own lives,the doctor often seeks the opinions of the patient's family members,and the patient's own opinions are basically not respected.As a result,the patient is completely in a passive position in the medical behavior involving his own life safety,and the patient's own rights are not protected,but the patient's family and doctors determine their own destiny,which is very unreasonable.Therefore,we need to understand the decision-making right of patients from the perspective of basic rights,and clearly recognize that the patient's discretion is subordinate to the scope of the right to life and is the nature of the rights of a basic right.Our country's laws also need to stipulate the right to self-determination of patients from the perspective of basic rights,and raise everyone's awareness of rights,not only enable patients to correctly recognize the existence of this right,but also enable patients to know how to properly exercise and maintain this right.
Keywords/Search Tags:basic rights, patient decision-making right, patient self-determination ability, informed consent, informed choice
PDF Full Text Request
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