民国时期的医疗制度与身体权保护

The Medical System and the Protection of Body Rightsin the Period of The Republic of China

民国时期,医疗作为一种商业性活动,医者与患者之间不仅利益取向大不一致,且信息无法对称,致医患矛盾不可消解。为了缓解医患矛盾,民国政府相继制定了一系列医疗制度,以规范医师药师行为,尽可能保证患者病体委托给医师后身体权能得到应有保证。但由于制度制定者也不可能了解医疗过程的全部信息,加之制度无法完整执行,医患矛盾仍十分突出。历史上主要靠医者职业道德保证患者病体得到妥善保护。然道德只能约束有道德之人,患者身体权的全面保护并无万全之策。因此,医疗本身能否商业化的问题,尚须深入讨论。

Medical care was a kind of commercial activity during the period of The Republic of China.But due to the fact that the interests of doctors and patients were not consistent,and the information between them was not symmetrical,so,the contradiction between doctors and patients emerged.In order to alleviate doctor-patient contradictions,the government of The Republic of China formulated a series of medical systems to standardize the behavior of doctors and pharmacists,attempting to ensure that patients’body rights and functions could be guaranteed as much as possible after the patients’body was entrusted to doctors.However,because the system makers were unable to have a complete understanding of all the information of the medical process,and the system could not be fully implemented,doctor-patient contradiction was still very prominent.In history,it mainly depended on the professional ethics of doctors to ensure the proper protection of patients’bodies.However,morality can only be applied to those who have morality,and there is no perfect solution to the comprehensive protection of patients’physical rights.Therefore,the question of whether the medical treatment itself can be commercialized still needs to be discussed in depth.