"Civil Code" is the physical law of rights protection，Comprehensive protection of civil rights of natural persons。Where，Including the protection of the right to this special group of patients。Compared to ordinary natural persons，Patients are a special group，Patient rights are the rights unique to patients。my country's "Civil Code" inherits the relevant content of the "Infringement Law Law"，In the "Civil Code · Infringement Responsibility Editor", the part of the medical damage liability continued to stipulate and improve the relevant provisions of the protection of patient rights。

The right to patients stipulated in the "Civil Code" of my country has the following characteristics: First，The subject of infringement is special，It is mainly medical institutions and medical staff。Second，Personal specialty。Natural person as a biological individual，The physical function will inevitably occur.，The patient's identity is the special identity that each natural person is in the diagnosis and treatment stage，So，Patient rights are unique to patients，bet365 live casino games Personal specialty。third，Basic。The right to patients stipulated in the "Civil Code" is more basic，Basic rights possessed by patients。Fourth，Time。Patient rights are generally considered to be the right of patients during the diagnosis and treatment，This is also reflected in the part of medical damage。Fifth，alternative to infringement liability。The right of patients stipulated in the responsibility for the responsibility of medical damage is subject to medical institutions and medical personnel.，Alternative responsibility for civil law。

The Civil Code specifically stipulates the right to request the damage compensation for patients、Knowledge Agreement、Medical record information to check the right to copy and privacy。Patient's damage compensation request right refers to the patient during the medical service process of receiving medical institutions，Life Right、Physical rights、Health Right、When privacy rights such as privacy are infringed，The right to compensate for the person responsible for the request。Article 1218 of the Civil Code stipulates: "Patients are damaged in diagnosis and treatment activities，Medical institutions or their medical staff are at fault，Come on with Bet365 lotto review medical institutions。"Patients' damage compensation claim rights are the specific extension of civil damage compensation rights。The right to know the consent of the patient is composed of the patient's right to know and the right to consent，refers to the rights that patients can understand their diseases and the rights that they can understand for the treatment plan。Article 1219 of the Civil Code stipulates: "Medical staff should explain to patients during the diagnosis and treatment activities。Need surgery、Special inspection、Special treatment，Medical staff should explain medical risks to patients in a timely manner、Alternative medical scheme, etc.，and obtained its clear consent ... "The patient's medical record information to check and copy the right to copy the right to check and copy the patient's medical records。Article 1225 of the Civil Code stipulates: "... the patient's request to check、Copy the medical record information specified in the previous paragraph，Medical institutions should provide timely。"Patient's privacy right is a collection of rights in the private life of patients，It mainly includes patients in the privacy of patients、The rights of self -decision rights Bet365 lotto review of space privacy and medical affairs。Article 1226 of the Civil Code stipulates that "medical institutions and their medical staff should be confidentially confidential with patient privacy and personal information ..." Patient privacy is the embodiment of privacy in the medical field，It reflects the characteristics of the privacy of the patient。

In order to better protect the right of patients，In the implementation of the Civil Code，can be expanded in the following aspect。First，Applicable through judicial interpretation and other methods。In view of the "Civil Code" medical damage liability part, the concept of "patient" and "diagnosis and treatment" is used，In the application of "Civil Code"，The scope of the "patient" and "diagnosis and treatment activities" should be reasonably defined through judicial interpretation and other methods，Define the patient as "medical service reception"; expand the scope of diagnosis and treatment activities，Covering modern medicine beauty body、Modern medical activities such as gender changes，Protection of civil law for the right of patients (medical service recipients) in the broad sense。Second，Applicable contract law to protect。bet365 Play online games The infringement law and contract law are also the relief law of civil rights，The protection of civil rights has its own characteristics。Although the "Civil Code · Contract Editor" does not specify the relevant content of the medical contract，But there is still room for the protection of patient rights to protect the right of patients，This is also applicable in the implementation of the Civil Code。third，Applicable personality rights to protect。Patient's right to privacy in patient rights has the attributes of personality rights，In addition to the provisions of the part of the responsibility of medical damage，Of course, you can apply the provisions of the privacy rights in the Civil Code · Personal rights to protect。Fourth，Based on the Civil Code，Applicable to other civil law specifications for protection。Civil Law in form，That is, the "Civil Code" is difficult to include the content of all civil law。So，The protection of patient rights can be based on the Civil Code，Civil regulations on the protection of patient rights in other laws and regulations，so as to be able to protect more comprehensive protection。If the patient's rights protection law is applicable、Privacy bet365 live casino games Protection Law、Personal Information Protection Law and other legal provisions，or when formulating relevant laws and regulations, the content of civil law that stipulates the protection of patient rights。Fifth，Clear relevant regulations。"Civil Code · Infringement Liability Editor" medical damage liability part for patients' medical records for medical records、Excessive inspection and other regulations are relatively simple，It is necessary to be more clear about specific infringement behaviors、Damage results and other infringement liability constituent components。Another，Some rights，​​If the patient's right to obtain emergency rescue, etc., you can legislative regulations when the conditions are mature。

(This article is the "Research on the Protection of Privacy of Patient Privacy" (16BFX121) in the general project of the National Social Science Fund)

(Author Unit: School of Law of Northwest Normal University)