Protective Medicine System and Its Legal Issues in China

The protective medical system was born in the game between medical paternalism and liberalism,based on the principle of good conduct by doctors and the ethical foundation of the tradition of medical familism.The implementation of protective medical care is incompatible with patients' right of informed consent,privacy,and autonomy.Its scope,methods,and procedures should be strictly restricted.However,there are a large number of legislative gaps related to protective medical care in the current legislation in China.The existing regulations are vague,scattered and inoperable.The imperfect system makes it difficult for physicians to apply the law,brings many problems such as higher risk of infringement of patient rights and hidden dangers in doctor-patient conflicts.This article analyzes the current problems of the protective medical system by exploring the origin,nature,contradictions and dilemmas.