On The Exercise And Regulation Of Patients’ Right Of Informed Consent

As the core of the rights and obligations system of doctor-patient relationship,informed consent of patients is of great significance to protect patients legitimate rights and interests.In Article 1219 of China’s Civil Code,the patient’ informed consent system is further improved on the original basis,requiring doctors to make“specific explanations” to patients and obtain “explicit consent” from patients,which provides an effective boost to the construction of patient-centered doctor-patient relationship.In this paper,normative analysis and comparative analysis are used to study patients’ informed consent right.In addition to the introduction and conclusion,this paper is divided into three parts.The first part,starting from the definition and attribute of patients’ informed consent right,makes clear that patients’ informed consent right is the right of patients to decide whether to consent or not on the basis of knowing the informed content after the medical institution informs patients of their condition and medical measures to be taken.The patient’s informed consent is in essence a personal interest of self-determination of his body,which should be defined as the embodiment of the positive power of body right.The second part explains patients’ informed consent right from three perspectives: the subject scope of exercising power,patients’ consent ability and difficulties.It is believed that the subject of rights belongs to the patient himself,but the subject of exercise includes close relatives and guardians.In terms of the criterion of patients’ consent ability,the “behavioral capacity theory”ignores the limitation of the consent ability of people with civil capacity to simple medical activities,and in principle,the “identification capacity theory” should be adopted as the criterion.In addition,there are some problems in the informed consent right at the present stage,such as the dispute over the order of the exercising subject,the unclear scope of exercising the right,the unclear standards for the fulfillment of the obligation of informing the doctor,and the unclear boundary between the discretion of the doctor and the informed consent right of the patient.The third part analyzes the necessity of the regulation of patients’ informed consent right,and holds that it should be resolved by clarifying the specific scope of patients’ exercise of informed consent right,clarifying the standards for the performance of doctors’ obligation to inform,establishing a medical entrusting agent system and reasonably standardizing the order of exercise of rights subject.