Research On The Protection Of Patients' Privacy Rights Under Civil Law

With the enhancement of people's legal consciousness and the increase of improper behavior of medical institutions and their staff in the process of social transformation,medical disputes related to patients' right to privacy occur from time to time.Because of its social typicality and personal harmfulness to patients,as well as its social topic nature,it can often arouse the general concern of the public,and the concept of patients'right to privacy has gradually become a common concern.It is well known to the whole society.Patients suffer from illness often bear certain psychological pressure.In the process of seeking medical treatment,they will voluntarily give up part of their privacy.Once the privacy of patients is violated or leaked by medical institutions and medical staff for various reasons,it will bring great pain and pressure to patients.The spread of the situation will also have a negative impact on the doctor-patient relationship of the whole society,and thus,medical institutions and medical personnel will violate or leak the privacy of patients for various reasons.It leads to people's distrust of medical institutions,and even of government agencies,and decreases the credibility of administrative agencies.The traditional medical system in China lacks the concept of patient privacy protection,which makes a large number of medical institutions and medical staff lack the necessary awareness of patient privacy protection,ignoring the legitimate rights and interests of patients,and the lack of legislation leads to the lack of motivation for patients themselves to safeguard their rights.These are important reasons for the inadequate protection of patient privacy in China.In the process of improving the human rights protection system,the protection of patients' privacy has attracted more and more attention of the whole society.However,due to the long-term neglect of the protection of patients' privacy in China,the research on the theory of patients' privacy started late,so there are still many deficiencies in the protection of patients' privacy in China.In this context,this paper attempts to discuss this from the perspective of civil law,in order to find a way out for the protection of patients' privacy in civil law.This article will take the protection of patients' privacy right in civil law as an entry point,discuss the basis of protection through various forms of infringement of this right,discuss the protection of this right through different legal disciplines,analyze the differences of protection in civil law,administrative law and criminal law in detail,clarify the scope of protection of patients' privacy right in civil law and the corresponding restrictions,and combine with Civil Law.General Principles of Law,General Principles of Civil Law,Tort Liability Law and related judicial interpretations expound the historical development process of privacy protection in China.Based on the analysis of the current legislation and the second review draft of Tort Liability Code of Civil Code in terms of the elements of infringement,this paper expounds the current legislative situation and problems of the protection of patients' privacy in civil law in China,and combines with the objective reality of our country.For improving the relevant measures of civil law protection,such as the definition of concepts,the division of scope,and related standards of identification and refinement of civil liability for infringement of patients' privacy.