论患者自主权的阻却-民法专业论文.docxVIP

论患者 论患者自主权的阻却 论患者 论患者自主权的阻却 2 2 1 1 全文的写作，力图对患者自主权阻却理论形成一个体系化的认识，并认为本理论在解决 现阶段医患纠纷、保护患者乃至医患双方的合法权益当中皆可以发挥十分重要的作用， 应当被现行法律所明确认可且应当有更详细之规定。 关键词：自主权；医患关系；医疗责任；侵权法；医事法 Abstract The obstruct of patient autonomy resistant to compensate for patient autonomy in the proposed legislation and practice, characteristics of importance to the health care industry. Some of the privileges authorized medical prescriptions, taking into account the protection of the legitimate rights and interests of medical institutions and their personnel. Eventually the theory put forward to protect the legitimate rights and interests of patients with. Its essence is that medical products to be our autonomy and patriarchy. Theory of autonomy, there are inevitable conflicts with the patient on the surface. But its essence is to make up for the deficiencies of the autonomy, is still in order to protect the legitimate rights and interests of patients at heart. So you can say drag patient autonomy and patient autonomy are opposites. This paper first provides an overview of current features of the doctor-patient relationship and medical tangle-prone era, under the premise of rationality in the approved patient autonomy, that the patient autonomy hindered the same necessity of its existence, and that it should be a systematic analysis of the theoretical system, provide insights for lawmakers. Therefore the articles next based on the provisions of existing laws and regulations in China, focuses on medical tort liability in the tort law in particular to 55th on the instructions stipulated obligation of medical institutions, as well as the 56th rescue measures taken on an emergency requirement. Then combines both at home and abroad on patients autonomy of theory research and practice experience, summary practice in the of problem and so and found of legislation Shang of defects, think existing legislation far cannot meet practice in the for medical patient disputes of processing and medical patient both inte