Reflection on the Informed Consent Solution under the Background of Chinese Traditional Culture
10.12026/j.issn.1001-8565.2018.03.12
- VernacularTitle:中华传统文化背景下的知情同意解困思考
- Author:
Liping GAO
1
;
Xiaoyan LI
;
Yanxia PENG
Author Information
1. 昆明医科大学法医学院
- Keywords:
Informed Consent;
Traditional Culture;
Human Rights Thought;
Commensurability;
Legal Dilemma
- From:
Chinese Medical Ethics
2018;31(3):325-327
- CountryChina
- Language:Chinese
-
Abstract:
The legal dilemma of informed consent facing in our country does not mean that the Chinese tradi-tional culture and the western human rights thought exist incommensurable. The solution to the informed consent di-lemma still needs take Chinese traditional"ritual" and"law" culture as basis, achieve the integration of ritual and law, eliminate their adverse effects, build the better Chinese medical ethics culture and medical legal culture, and promote the medical ethics, patient' s ethics and construction of legal system return to rational, so as to guarantee the effective realization of the double normative effect of law and ethics of the right and obligation of informed con-sent.
