基于患者知情同意权新时期我国手术签字制度的思考

Thoughts on the surgical signature system based on the right of informed consent of patients in China

知情同意权是患者生命健康权的具体体现,基于知情同意权的国内手术签字制度自20世纪80年代以来,签字主体由家属到患者本人不断发生变化。《侵权责任法》和《民法总则》先后颁布实施,弥补了相关法律缺失,但同时仍存在诸多实践困境,值得进一步探讨和理清思路,以便出台相关法律法规实施细则加以规范。

Informed consent is the embodiment of the patient's health and life right and personality right.Informed consent right based operation signature system in China has carried out since the 1980s and the main body of the signed has changed from family member to the patients himself.In recent years,with the introduction of the Tort Liability Act and the General Principles of Civil Law,some difficulties of operation signature in legal has been regulated but it still some troubles in practice needs to be further discussed to regulate this system.