Research On The Exercise Of Consent Right Of Patients

Article 33 of the Regulations on the Administration of Medical Institutions stipulates that the exercise of patients' right of consent is the main entry point of this article.The spirit it expresses is that patients can not exercise their right of consent independently,and if they want to exercise it,they need to obtain the consent of their families at the same time.However,it is also stipulated that if the patient's opinions cannot be obtained,only the consent and signature of the family members or relatives can be obtained.This provision means that family members have the right to make decisions concerning the life of the patient.However,this regulation violates the provisions of Article 55 of the?Tort Liability Law?and Article 130 of the?General Principles of Civil Law?on the right of civil subjects to exercise their civil rights according to their own wishes.Although the ? Regulations on the Administration of Medical Institutions?violate the Superior Law and are unreasonable in its system,it is also the result of legislative updating.After all,when the Regulations were formulated,the?General Principles of Civil Law?and?Tort Liability Law?have not yet been promulgated.In fact,in practice,Chinese medicine hospitals generally refer to the Regulations on the Management of Medical Institutions,and the implementation of medical measures is also carried out after consulting patients and their families.The Li Liyun case and the 8.31 Yulin Maternal Jumping Event were all produced under the shadow of this system.This leads to the author's thinking on the protection of patients' rights and interests.Based on the current situation of legislation in China,this paper systematically discusses the patients' right to consent,referring to foreign legislation and theoretical research.This paper mainly studies the problems existing in the exercise of patients' consent right and the exercise of modern consent right,which are mainly reflected in the rigidity of the conditions for the exercise of patients' consent right nowadays,the lack of clear sequence restrictions in the exercise of substitution right,and the inability of hospital ethics committee to play its role in a timely manner.While perfecting the relevant legislation in China,it also puts forward the relevant system of drawing lessons from foreign countries in order to be able to fundament To protect the patients' right to life and health,avoid tragedy,and hope to do our best to the cause of rule of law in our country.