我国患者近亲属参与医疗决定之法律研究

Legal Study on Patient's Close Relatives Being Involved in Medical Decisions in China

我国理论界关于患者近亲属参与医疗决定的利弊之争由来已久,实践中各部门和院方也表现出不同的态度和做法。然而,以往各学者的论证也只是将焦点放在患者单方的利益,而少有人关注患者近亲属的合法权益。他们把患者的医疗活动看得过于理想化、无涉他性,完全忽视了患者医疗权利的追求要受到其家庭利益和其近亲属利益的限制。权利的行使是有界限的,在关注患者自主权时,既要立足于我国国情,也要对患者近亲属的合法权益进行考量和保护。

On the participation of close relatives of patients in medical decisions,theoretical controversy has been aroused for a long time.In practice,departments and hospitals also show different attitudes and adopt different approaches.However,previous scholars only focus on patient＇s interests,and few of them are concerned with the legitimate rights and interests enjoyed by close relatives.These scholars idealized and simplified the medical activity,ignoring the fact that when a patient pursues his right to medical treatment,his requirement is limited by his family and close relatives.In fact,one exercises his rights within a boundary.Therefore we lay stress on the autonomy of a patient,and shall also take the national conditions and the legitimate rights and interests enjoyed by close relatives into consideration.