The Conflict Problems and Solutions Between Informed Consent Right and Right to Life and Health: Comparative analysis before and after the promulgation of the Civil Code of the People’s Republic of China

Yicen Liu

doi:10.54691/bcpssh.v17i.613

Authors

Yicen Liu

DOI:

https://doi.org/10.54691/bcpssh.v17i.613

Keywords:

Informed Consent Right, Right to Life and Health, Civil Code of the People’s Republic of China

Abstract

Before the promulgation of the Civil Code of the People’s Republic of China, there was a conflict between patients' right of informed consent and patients' right to life and health, which mainly came from three aspects: medical staff, patients and the lack of law. Compared with existing laws and regulations, the Civil Code not only further defines the scope of the right of informed consent, but also makes detailed provisions on the obligation of medical notification and the right of emergency intervention. In order to alleviate the conflict between the two, the author puts forward improvement suggestions from three aspects: improving the legal details, popularizing the legal awareness and promoting the medical insurance system. In the introduction part, this paper makes a analysis of the informed consent right prior to the promulgation of the Civil Code, and the second part lists relevant cases. This paper analyzes the reasons for the conflict of informed consent rights in Part III and explains the relevant amendments made in the Civil Code in Part IV. This paper also summarizes the solutions of alleviating the informed consent dispute and makes relevant suggestions.

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References

Gong Saihong, Dong Junxia. The —— starts from the core concept of the protection of patients' informed consent right [J]. Journal of the Graduate Academy of the Chinese Academy of Social Sciences, 2009 (05): 62-68.

Ding Lei. Judicial determination of the subject of patient informed consent exercise —— is based on the analysis of 48 civil judgment documents [J]. Journal of Northeastern University (Social Sciences edition), 2020, v. 22; No. 121(03):73-82. DOI:10. 15936/j. cnki. 1008-3758. 2020. 03. 010.

Fang Xing. Legal thinking of patient informed disagreement in the view of the Tort Liability Law [J]. Medicine and Philosophy (A), 2012, v. 33; No. 450(04):54-55+77.

Xiao Peng. On the legal countermeasures of the case of pregnant woman Li Liyun's double death [J]. Health Service Management in China, 2008 (08): 538-539.

Yuan Yi. Discussion of the conflict between patient informed consent right and emergency rescue right [J]. Legal Affairs Expo, 2020, No. 798(10):178-179.

Zang Ying, Ren Xiaobo, Chen Ying. Types and targeted resolution strategies for medical disputes caused by inadequate medical notification [J]. Medicine and Law, 2020,12 (05): 32-37.

Chen Bing, Wu Yali, Liu Guoxiang. Defects and countermeasures in the performance of medical notification obligations [J]. The PLA Journal of Hospital Management, 2018, v. 25; No. 205(05):420-422. DOI:10. 16770/j. cnki. 1008-9985. 2018. 05. 006.

Li Yuhang, Ding Weiguang. Ethical conflicts and solutions in the performance of medical informed notification obligations [J]. Journal of Jinzhou Medical University (Social Science edition), 2019, v. 17;No. 71(03):25-28. DOI:10. 13847/j. cnki. lnmu(sse). 2019. 03. 007.

The national basic medical insurance coverage rate reached 96. 8%. The growth rate of medical expenses slowed down [J]. Chinese Journal of Medical Computer Imaging, 2021,27 (01): 15.

Rao Lu, Huang Zhuoyong. The boundary issues of informed consent rights in medical behavior study [J]. Modern medicine and health, 2021,37 (20): 3582-3584.

Wang Long, Shi Yue. Study on the informed consent right of non-close relative guardians under the scope of the Civil Code [J]. Medicine and Law, 2021,13 (05): 103-106.

Zhang Daiying, Zhang Bingbin, Liu Qingyan. —— on the evaluation of the obligation of medical notification under the background of Civil Code [J]. The Health Service Management in China, 2020, v. 37; No. 390(12):919-921.

Huan Chunsong, Duan Jun. —— takes the perspective of tort liability law [J]. Journal of Ezhou University, 2018, v. 25; No. 132(02):15-19. DOI:10. 16732/j. cnki. jeu. 2018. 02. 004.

Wang xiaoran. On the exercise of informed consent [J]. Western Journal, 2021, No. 136(07):80-82. DOI :10. 16721/j. cnki. cn61-1487/c. 2021. 07. 023.

Wang Pei, Liu Yufeng, He Yingqi, Zhao Min. On the Exercise and Improvement of Doctors' Special Intervention Right [J]. Medicine and Law, 2019,11 (04): 34-38.

Zhang, X. (2018). Legislation of Tort Liability Law in China. Springer Singapore.

Conk, G. W. (2020). Translation: Tort liability–section 7–Civil Code of the people’s Republic of China. Fordham Law Legal Studies Research Paper, (3624921).