Abstract

In China, the patient's informed consent, the prevalence of family and relationship status of human agency. This is not only for those patients without civil capacity, but also for the spiritual consciousness of normal people as well. Meanwhile, China's medical institutions for the exercise of informed consent is more understanding of the functions of the precautionary measures for medical malpractice, and thus contrary to the established right of informed sympathy is to protect the health of the patient's right to life and the right aim, and the resulting patient rights are not appropriate protection of medical disputes. In medical practice, must respect the patient's right to life and right to health under the premise of establishing a civil capacity under normal conditions of consciousness informed consent of patients, while no civil capacity for agency in the state of the patient's agent, the same also need to follow the patient's best interests principle, to ensure that the right to life and health of the patient's right to be fully realized. The rights of informed consent of patients who are not only unable to take and but also able to take the responsibility for their actions in the meaning of law are universally replaced by relatives and others in PRC. And in the meantime, the role of informed consent understood by hospitals in PRC lies mainly in defense and reducing disputes in medical treatments, which is contrary to the primary aim at protecting the rights of life and health of patients so that there are a lot of disputes of medical treatments because that rights of patients can not be protected. Presuppose to respect rights of life and health of patients is to make sure the rights of informed consent of patients who have normally consciousness belonged to themselves in the medical treatments. And in the meantime, for agents who replaced to use the rights of informed consent of patients, they should use the rights under the principle of patients' best interest in order to fully realize and protect rights of life and health of patients