Research On The Legal Issues Of Patient Privacy Rights

Along with the advance of human civilization,people pay more and more attention to maintenance of personal right of privacy,particularly with regard to medical services,people's privacy information of the patients with concern and sensitive.The promulgation of general principles of civil law formally established the legal status of privacy right for the first time.As a specific right of privacy in the medical field,patients' right of privacy,which is related to the right of privacy,should also be protected by law.Compared with patients' right of privacy right of privacy has its particularity,subject specificity,object widespread,more likely to be aggressive,and that protection is more complex.In practice,patients' right of privacy is usually a pair of rights in conflict with their right to health.In order to help the patients to seek the realization of the right to health and medical institutions and their staff can know part of the privacy of patients,and to master its privacy does not infringe the rights of patients.In the doctor-patient relationship,however,due to the traditional relatively weak concept of privacy protection in our country,the influence of the long medical institutions and their staff is not aware of the importance of patients right of privacy protection and the necessity,this leads to the behavior of the invasion of privacy in medical field performance is more frequent,prone,the related medical dispute cases subsequently increasing,inspired the doctor-patient contradiction between both sides.And outside the two big legal system on behalf of the state,can be found that the protection of patients right of privacy in the legislation system in China somewhat lack of regulation,such as protection principles,a comprehensive analysis of the infringement,etc.,no systematic legal protection system.The privacy right of patients reflects the dignity and value of patients.Therefore,the research on the protection of patients' privacy right has important legal value and practical significance.This article,which is based on privacy disputes involving patients,using empirical research method,through the analysis,conclude and summarize the current judicial practice about the patients privacy in the case the referee that embodies the main legal issues and problems,and traced back analyze the causes of these problems.On this basis,specific Suggestions are put forward to improve the protection of patients' privacy rights in civil law in China: draw lessons from advanced experience of foreign countries in a scientific and reasonable way,take general principles of civil law and tort liability law as the basic principles,and focus on elaborating the tort behavior mode,establishing the protection principle of the use,disclosure and effective use of patients' privacy information,clarifying the standard of undertaking mental damage compensation,and enhancing the concept of patients' privacy protection.