Research On Civil Law Protection Of Patients' Privacy In China

In recent years,there have been numerous disputes and cases caused by the infringement of patients' privacy rights.This phenomenon has directly caused the deepening of the contradiction between doctors and patients.As a result,the protection of patients' privacy rights has been hotly discussed and widely concerned.The patient's right to privacy is that the patient has the right not to be known by others and to exclude other people's secrets about his own condition and body privacy,and it has the right to obey the subject of rights and obligations,the scope of protection,the time of protection,etc.Particularity,due to the complex content of the relationship involved in patient privacy,which also determines its characteristics of being vulnerable to violations and destructiveness.Therefore,patients' privacy rights infringement situations and methods should be given more flexible determination based on its particularity.At the same time,we should recognize the many deficiencies in the protection of patient privacy by civil law in China at this stage,provide more ideas for the model of patient privacy protection,and then provide a good opportunity to protect the legitimate rights and interests of patients and ease the relationship between doctors and patients.The protection of patients' privacy rights in China's civil law was initially placed under the framework of the right of reputation.With the promulgation of the Tort Liability Law,patients' privacy rights have gradually established their legal status as a new type of civil rights,and the law clearly stipulates that they are not infringed.The current "Civil Code" also specifies specific provisions for the protection of patients' privacy,but since most of the relevant provisions still remain at the level of principle provisions,the specific content is scattered in other laws and regulations,and the excessively abstract and broad provisions lead to practical operations Many problems have arisen in China,so it is of profound and practical significance to study the civil law protection system of patients' privacy in China.For the discussion on the protection of patients' privacy rights in civil law in my country,we should first sort out the basic connotation and specific content of patients' privacy rights,then analyze the current situation from the facts,and finally discuss the problems and countermeasures of protecting patients' privacy rights in the civil law system.By analyzing the relationship between privacy rights and patient privacy rights,the patient's privacy rights are accurately located,that is,the patient's privacy rights are a right placed in the framework of privacy rights,and still follow the principles of general privacy rights protection,but it is the right to privacy The special performance in the medical process,while possessing the essential characteristics of general privacy rights,also has itsown particularities,which provides an important argumentation basis for the study of the civil law protection of patient privacy rights in this article.According to the problems reflected in the case,the different cases are sorted out and analyzed,and the current civil law protection of patients' privacy in China is defined in terms of connotation and scope,civil liability and conflict resolution,and combined with the case.An analysis of the current status of patient privacy protection.In this process,by comparing with the legislative models of other countries,we found the commonality and characteristics of the protection of patient privacy in various countries,and at the same time found the shortcomings of our country.The United States,Japan,France and other countries have problems in the positioning of patient privacy and the burden of proof system.The setting and many other aspects provide reference for our country,and then provide ideas for the legal concept of the protection of the privacy law of patients' privacy in China.At the same time,the particularity of the patient's privacy right directly leads to the diversification and complication of its specific infringement situations.There are infringements in the process of diagnosis and treatment,scientific research and teaching activities,and the acquisition and use after diagnosis and treatment.Summarizing and classifying real cases and practical operations is an effective method to study issues related to civil law protection of patients' privacy in China.Based on the analysis of the current state of the protection of patients' privacy rights in civil law in my country and the discussion of related basic theories,we have summarized the flaws in many aspects of the protection of patients' privacy rights in civil law in my country.It shows that the patient's right to privacy will exist as an independent personality right,but the boundary between it and the right of reputation is still unclear.In judicial practice,the situation of confusion between the two occurs from time to time.At the same time,the scope of the patient's right to privacy is blurred,and the right to maintain is still missing.The provisions on the content of the right to conceal,control and use are also incomplete.However,the civil liability after infringement has resulted in unfair judgment results in some cases due to the ill-defined criteria for damage consequences and compensation amounts,and the difficulty of the victims' proof of evidence.In the resolution of conflicts with the medical party's right to know,the third party's right to know,and public interests,In terms of aspects,the lack of corresponding restrictive provisions in our civil law has caused some rights holders to fail to receive effective relief.With regard to many of these issues,combined with the current domestic situation and learning from foreign mature experience,we have targeted the perfection of the civil law protection system for the privacy of patients in my country,in order to better summarize the experience,and put forward feasible suggestions and countermeasures.Therefore,repositioning the patient's right to privacy,discussing its content,pinpointing the crux and correcting the inadequacies will benefit the construction of a civil law protection system for patients' privacy in my country.